A. Order of Proceedings. The administrative law judge shall conduct the hearing in the following manner:
(1) The parties shall be given an opportunity to briefly present opening statements.
(2) Parties shall present their evidence in the order determined by the administrative law judge.
(3) Each witness shall be sworn or affirmed by the administrative law judge or the court reporter and be subject to examination. In the discretion of the administrative law judge, witnesses may be sequestered during the hearing.
(4) Parties have the right to introduce evidence on the points at issue and to cross-examine witnesses present at the hearing as necessary for a full and true disclosure of the facts.
(5) All objections to procedure, admission of evidence or any other matter shall be timely made and stated on the record, in accordance with Rule 103, SCRE.
(6) When all the parties and witnesses have been heard, the parties shall be given the opportunity to present final arguments.
(7) Proposed orders may be requested by the administrative law judge, and if served upon the administrative law judge shall be served at the same time and by the same method on all parties.
B. Burden of Proof. In matters involving the assessment of civil penalties, the imposition of sanctions, or the enforcement of administrative orders, the agency shall have the burden of proof.
C. Decision. The administrative law judge shall issue the decision in a written order which shall include separate findings of fact and conclusions of law.
D. Motion for Reconsideration. Any party may move for reconsideration of a final decision of an administrative law judge in a contested case to alter or amend the final decision, subject to the grounds for relief set forth in Rule 59, SCRCP, as follows:
(1) Within ten (10) days after notice of the order concluding the matter before the administrative law judge, a party may move for reconsideration of the decision, provided that a notice of appeal from the decision has not been filed. The opposing party may file a response to the motion within ten (10) days of the service of the motion.
(2) The administrative law judge shall act on the motion for reconsideration within thirty (30) days after it is filed if an opposing party does not file a response or within thirty (30) days after an opposing party files a response. If no action is taken by the administrative law judge within the applicable period, the inaction shall be deemed a...
