The hearing shall be conducted, subject to the discretion of the administrative law judge, so as to include the following:
The statement and evidence of the agency in support of its action;
The statement and evidence of the person against whom the penalty may be assessed;
Any rebuttal evidence;
Any closing arguments.
The administrative law judge, the agency, and the person against whom the penalty may be assessed shall have the right to question witnesses.
The hearing may be continued with recesses as determined by the administrative law judge.
The administrative law judge may set reasonable time limits for oral presentation and may exclude or limit cumulative, repetitious, or immaterial matter.
Exhibits shall be marked and maintained by the administrative law judge as part of the record of the proceedings.
If the administrative law judge receives any written or oral ex parte communication on a fact in issue during the contested case proceeding, that person shall notify all parties and otherwise comply with the requirements of OAR 165-001-0045 (Ex Parte Communications).