DHS 122.08(3)(f)2.d.d. Cross-examination of persons preparing or making statements contained in the documents under subpars. a to c. DHS 122.08(3)(f)3.3. Parties may be allowed to present additional evidence only to the extent the additional evidence is directly responsive to and made necessary by the evidence presented by any other party to the proceedings. DHS 122.08(3)(f)4.4. Persons preparing or making statements contained in the application, staff analysis, initial finding, recommendation or supporting documents shall be available for cross-examination, unless cross-examination is waived by opposing parties, and may give rebuttal testimony. Witnesses giving direct oral testimony shall be subject to cross-examination in the same manner as other witnesses. DHS 122.08(3)(f)5.5. Any party for the proceeding may be represented by counsel and present evidence and conduct cross-examinations subject to the provisions of subd. 2. DHS 122.08(3)(f)6.6. The examiner conducting the hearing may question all witnesses and take administrative notice of all judicially cognizable facts. DHS 122.08(3)(f)8.8. Any party adversely affected by a ruling may make an offer of proof which shall be made part of the record. DHS 122.08(3)(f)9.9. An applicant whose project is rejected has the burden of going forward. DHS 122.08(3)(g)5.5. Prepare a recommendation for the secretary, consisting of findings of fact, conclusions of law and a recommended course of action; and DHS 122.08(3)(g)6.6. Adjourn the hearing to a specific time, date and place, if appropriate. DHS 122.08(3)(h)(h) Hearing record. A stenographic record shall be made in all public hearings. If any party, including the department, wants a transcript or a portion of the transcript, that party shall make arrangements with the court reporter and shall pay whatever costs are agreed upon for making the transcript. DHS 122.08(3)(i)1.1. Following presentation of the testimony, posthearing briefs may be filed by the applicant, the department and any interested party. Parties submitting briefs shall file copies within a reasonable time specified by the hearing officer. DHS 122.08(3)(i)2.2. The examiner may permit oral arguments in lieu of posthearing briefs. Any party that wishes to file a written brief shall be permitted to do so. DHS 122.08(3)(j)(j) Close of hearing. A hearing is closed when the evidentiary record is closed and any period established by the hearing officer for filing of briefs has elapsed. If the briefing period has expired and no brief of any party has been filed, the department may proceed to its final decision. DHS 122.08(3)(k)(k) Ex parte communication. The ex parte communication restriction is set forth in s. 227.50 (2), Stats., including s. s. 227.50 (1) (am) 2., Stats., shall apply to projects for which a public hearing has been requested. DHS 122.08(3)(L)(L) Proposed decision. Unless designated by the secretary as the final decision maker, the examiner shall issue a proposed decision containing findings of fact, conclusions of law, and a recommendation for action to be taken. A copy of the proposed decision shall be served on each party. In any hearing under this section, the examiner shall establish a comment period during which the parties may submit comments pertaining to the proposed decision. At the close of the comment period, the parties’ submissions shall be forwarded to the secretary or a designee of the secretary along with the proposed decision. DHS 122.08(4)(a)(a) The final decision shall then be made by the secretary or the secretary’s designee. In the event a designee is chosen, all parties shall be notified. DHS 122.08(4)(b)(b) A final decision may be issued to either approve or deny the application or to approve the application with conditions. If the proposed decision is deemed incomplete on any issue identified in the initial finding, the case may be remanded back to the examiner for the taking of further testimony. DHS 122.08(4)(c)(c) The secretary or designee of the secretary may ask all parties to the proceedings to present oral arguments before he or she makes a final decision. DHS 122.08(5)(5) Burden of proof. Each applicant at any hearing under this section has the burden of proving, by clear and convincing evidence, that the department’s initial finding was contrary to the weight of evidence on the record when considered as a whole, arbitrary and capricious, or contrary to law.