(a) A case shall be called to order by the impartial hearing officer.
(b) Proceedings under Divisions 2 and 3 of this subchapter (relating to Division for Blind Services and Division for Rehabilitation Services and Division for Early Childhood Intervention Services) are conducted according to the following:
  (1) The appellant may state briefly the nature of the claim or defense, what the appellant expects to prove, and the relief sought. Immediately thereafter, DARS may make a similar statement, and any other parties are afforded similar rights as determined by the impartial hearing officer. The impartial hearing officer may limit the time available for each party or authorized representative with respect to such statement.
  (2) Evidence is then introduced by the appellant. DARS, or its authorized representative, and any other parties may cross-examine each of the appellant's witnesses.
  (3) Cross-examination is not limited solely to matters raised on direct examination. Parties or authorized representatives are entitled to redirect and recross-examination.
  (4) Unless the statement has already been made, the DARS or its authorized representative may briefly state the nature of the claim or defense, what DARS expects to prove, and the relief sought.
  (5) Evidence, if any, is introduced by DARS. The appellant and any other parties may cross-examine each of DARS' witnesses.
  (6) Any other parties may make statements and introduce evidence. The appellant and DARS may cross-examine the other parties' witnesses.
  (7) The parties may present rebuttal evidence.
  (8) The parties may be allowed to make either oral or written closing statements at the discretion of the impartial hearing officer.
  (9) The impartial hearing officer may examine any witness and party.
(c) The order of proceedings set out in subsection (b) of this section applies to proceedings under Division 4 of this subchapter (relating to Office for Deaf and Hard of Hearing Services), except that DARS bears the burden of proof and is entitled to present its case first subject to cross-examination by the certificate holder and any other parties. Once DARS rests, the certificate holder may present his or her case.
(d) The impartial hearing officer may permit deviations from this order of procedure in the interest of justice or to expedite the proceedings.
(e) Parties shall provide four copies of each exhibit offered.
(f) Burden of proof. The party seeking affirmative relief, either on the case as a whole or on an issue, bears the burden of proof to prove the affirmative of the issue, or the party's case as a whole, by a preponderance of the evidence. In cases brought under Division 4 of this subchapter, DARS bears the burden of proof.

Source Note: The provisions of this §101.931 adopted to be effective March 12, 2012, 37 TexReg 1706