Code of Maine Rules
01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY
020 - AGRICULTURAL BARGAINING BOARD
Chapter 2 - CONDUCT OF PUBLIC HEARINGS
Section 020-2-9 - Testimony and Cross-Examination

Universal Citation: 01 ME Code Rules ยง 020-2-9

Current through 2024-13, March 27, 2024

A. Direct testimony shall be offered in the following order:

1. Petitioner

2. Handler

3. Other interested persons

B. Cross-examination and Questions: At the conclusion of the testimony of each witness, the Board members, the petitioner, and handler shall have the right of oral cross-examination. Cross-examination shall be conducted in the following order:

1. Board members, and counsel for the Board may be permitted by the Presiding Officer to ask questions at any time.

2. The Petitioner

3. The Handler

4. All other persons may have the opportunity to question such witnesses within such limits, and on such terms as may be fixed by the Presiding Officer or the Board.

C. In usually complex situations, or where there are large number of participants in the hearing, or where the circumstances are such that oral examination by the public would unreasonably impede the orderly procedure of such hearing, the Presiding Officer may require that such examination be conducted in the form of written questions submitted to the Presiding Officer and read to the witnesses, or the Presiding Officer may prohibit such persons from asking any questions.

D. The Presiding Officer may require that all examinations, either written or orally be conducted at the conclusion of the testimony of each category of witness rather than at the conclusion of the testimony of each witness.

E. Rebuttal: A person who has concluded his presentation cannot thereafter introduce further evidence except in rebuttal unless by leave of the Presiding Officer. Rebuttal evidence shall be directed only to matters brought out by another person except by leave of the Presiding Officer.

F. Varying Order of Appearance: When circumstances warrant, the Presiding Officer may vary the order in which witnesses appear and the order in which testimony is given or witnesses cross-examined.

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