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iii. If a proponent of an order presents initial evidence sufficient <br /> on its face to satisfy the burden of proof based on the <br /> preponderance of the evidence, the burden of proof may be shifted <br /> to the opposing Party or Parties to present sufficient evidence to <br /> the contrary, but the ultimate burden of proof rests with the <br /> proponent of the order to prove its claims based on the <br /> preponderance of all of the evidence. <br /> iv. The State Engineer or Hearing Officer should give effect to <br /> any rebuttable presumptions established by statute or other law. <br /> 4. All hearings shall be conducted in the following order unless otherwise directed <br /> by the State Engineer or Hearing Officer or as provided for under Rule 5: <br /> a. Call to order and introductory remarks; <br /> b. Presentation of any Stipulations or agreements between the Parties; <br /> c. Opening statements by the Party upon whom the burden of proof rests; <br /> & Opening statements by all other Parties; <br /> e. Presentation of case-in-chief by the Party upon whom burden of proof <br /> rests: <br /> f. Presentations by all other Parties wishing to offer evidence, with the order <br /> of presentation to be determined by the State Engineer or presiding <br /> Hearing Officer; <br /> g. Rebuttal by the Party upon whom the burden of proof rests; <br /> h. Closing statement by Party upon whom the burden of proof rests; <br /> i. Closing statements by all other Parties. <br /> j. At the conclusion of any witness's testimony, or at the conclusion of the <br /> Party's entire presentation, all other Parties may then cross-examine each <br /> witness. The order of the cross examination shall be determined by the <br /> person conducting the hearing. The State Engineer or Hearing Officer <br /> may examine any witness at any time. <br /> k. All briefs and memoranda of law that Parties file shall be served on the <br /> State Engineer or Hearing Officer and all Parties no later than five (5) days <br /> prior to the hearing unless otherwise specified. <br /> 28 <br />