§ 3.11. Hearing rules.

 (a)  Presentation. The presentation at hearings should conform with the following:

   (1)  Opening statements. The applicant and each protesting person may make opening statements of such length as the presiding officer may prescribe. Such opening statements shall concisely state what the participant intends to show. The applicant shall have the opportunity to present his statement first.

   (2)  Applicant’s presentation following the opening statements. The applicant shall present his data and materials, oral or documentary.

   (3)  Protesting person’s presentation. Following the presentation of the applicant, the protesting persons shall present their data and materials, oral or documentary. The protesting persons may agree, with the approval of the presiding officer, to have one of their number make their presentation.

   (4)  Summary of statements. After all of the presentations set forth in this subsection have been concluded, the parties to the hearing may make short and concise summary statements reviewing their position. The applicant shall present his concluding summary statement last.

   (5)  Procedure. The provisions of this subsection supersede 1 Pa. Code § §  35.121—35.128 (relating to hearing).

 (b)  Witnesses. The obtaining and use of witnesses is the responsibility of the parties. All witnesses will be present of their own volition, but any person appearing as a witness may be subject to questioning by any party, by any representative of the Department, or by the presiding officer. The refusal of a witness to answer questions may be considered by the Department in determining the weight to be accorded the testimony of that witness. Witnesses shall not be sworn. The Department may call witnesses.

 (c)  Evidence. The presiding officer shall have the authority to exclude data or materials which he deems to be improper or irrelevant. Formal rules of evidence shall not apply to these hearings. Documentary material shall be of a size consistent with ease of handling, transportation and filing, and copies must be provided for each participant in the hearing, including assisting board members. While large exhibits may be used during the hearing, copies of such exhibits must be provided by the party in reduced size, 8 1/2 inches by 11 inches, for submission as evidence. Two copies of all such documentary evidence shall be furnished to the Department, and one copy shall be furnished to each other person represented at the proceeding. At any time during the hearing, the presiding officer, any member of an assisting board, and any representative of the Department shall have the authority to ask questions in order to enable the Department to intelligently inquire into and reach an informed decision with respect to the application in question. The provisions of this subsection supersede 1 Pa. Code § §  35.161—35.169 (relating to evidence).

 (d)  Procedural questions. The Department, presiding officer, or any designated member of an assisting board shall determine all procedural questions not governed by this chapter. The Department, presiding officer, or designated member shall each have the authority to limit the number of witnesses to be used by any party and to impose such time limitations as he shall deem reasonable. The provisions of this subsection supersede 1 Pa. Code § §  35.127, 35.162 and 35.187 (relating to limiting number of witnesses; reception and ruling on evidence; and authority delegated to presiding officers).

 (e)  Transcript. A transcript of each hearing will be arranged for by the Department, with all expenses of such service, including the furnishing of two copies of the transcript to the Department, one copy to the applicant, and one copy to each member of an assisting board, being borne by the protesting persons or, in the case of a hearing ordered by the Department, being borne by the applicant. The provisions of this subsection supersede 1 Pa. Code § §  35.131—35.133 (relating to transcript).

 (f)  Record. The hearing file shall automatically be deemed a part of the record of these proceedings, as well as all evidence submitted under subsection (c) and the transcript described in subsection (e).