; and (B) the factual issues to be considered at the hearing. (3) Hearing requirements (A) Limited nature of hearing A hearing held under this subsection shall be limited to— (i) the specific factual issues raised in a petition granted in whole or in part under paragraph (1); and (ii) any other factual issues the resolution of which an agency, in the discretion of the agency, determines will advance consideration by the agency of the proposed rule. (B) Procedures (i) Burden of proof Except as otherwise provided by statute, a proponent of a rule has the burden of proof in a hearing held under this subsection. (ii) Admission of evidence In a hearing held under this subsection, any documentary or oral evidence may be received, except that an agency, as a matter of policy, shall provide for the exclusion of immaterial or unduly repetitious evidence. (iii) Adoption of rules governing hearings To govern a hearing held under this subsection, each agency shall adopt rules that provide for— (I) the appointment of an agency official or administrative law judge to preside at the hearing; (II) the presentation by interested parties of relevant documentary or oral evidence, unless the evidence is immaterial or unduly repetitious; (III) a reasonable and adequate opportunity for cross-examination by interested parties concerning genuinely disputed factual issues raised by the petition, provided that, in the case of multiple interested parties with the same or similar interests, the agency may require the use of common counsel where the common counsel may adequately represent the interests that will be significantly affected by the proposed rule