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Rules > PART Pub 202


PART Pub 202 PRE-HEARING

Pub 202.01 Pre-Hearing Conference.

(a) Upon the presiding officer's determination that a pre-hearing conference is necessary and appropriate in order to facilitate proceedings and encourage informal disposition of matters pending before it, the presiding officer shall at the request of any party to a hearing or upon its own motion, conduct one or more informal pre-hearing conferences prior to the commencement of a formal hearing in an adjudicative proceeding. The presiding officer shall not conduct a pre-hearing conference if the presiding officer determines that a pre-hearing conference would result in unnecessary delay in the proceedings.

(b) In the event a pre-hearing conference is scheduled, the parties shall complete and file a joint pre-hearing worksheet within 10 days or such other time period as ordered by the board.

(c) The joint pre-hearing worksheet shall include the following information:

(1) The name, address, telephone number, and e-mail address of the representative;

(2) Summary of issue(s) presented for hearing;

(3) Identification of any procedural issues;

(4) List of pending motions;

(5) Identification of witnesses;

(6) Estimate of time for case presentation;

(7) List of joint and agreed exhibits;

(8) List of other exhibits and basis for objections to same;

(9) An agreed statement of unconstested facts; and

(10) An agreed statement of contested facts.

(d) The purposes of such a conference shall include, but not be limited to:

(1) Exploring settlement alternatives;

(2) Identifying, resolving and simplifying the issues to be raised and presented at hearing;

(3) Finalizing stipulations of fact;

(4) Identifying and/or limiting on the number of witnesses to be called;

(5) Reviewing, exchanging and final marking of exhibits; and

(6) Addressing other matters which may assist and aid in the disposition of the pending matter.

(e) Counsel of record, or the authorized representative of record, shall attend The attendance of witnesses or interested persons not involved with the management of the case shall not be required.

(f) Pre-hearing conference attendees shall be prepared to discuss the issues and evidence involved in the case in a substantive manner. The parties shall come to the conference prepared to devote a portion of the conference to a serious and meaningful discussion of possible agreed upon resolutions to the dispute. Counsel or authorized representatives shall have authority to engage in such discussions as well as access to the represented party or intervenor by telephone during the conduct of the conference.

(g) The presiding officer shall assist the parties as necessary and appropriate in formulating resolutions to the dispute, including referral to mutually agreed mediation or arbitration if requested by the parties.

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