Section 18-1023. PRE-HEARING CONFERENCE

 

1023.1Prior to any hearing, the examiner to whom the proceeding has been assigned may give notice of a pre-hearing conference to all parties to the proceeding and to other persons who appear to have an interest in the proceeding.

 

1023.2The purpose of a pre-hearing conference is to define and simplify the issues and the scope of the proceeding; to secure statements of the positions of the parties with respect thereto and amendments to the pleadings in conformity therewith; to schedule the exchange of exhibits before the date set for hearing; and to arrive at agreements that will aid in the conduct and disposition of the proceeding.

 

1023.3Pre-hearing conference agreements may include, but are not limited to, the following matters:

 

(a)Matters the examiner can consider without necessity of proof;

 

(b)Admissions of fact and of the genuineness of documents;

 

(c)Requests for documents;

 

(d)Admissibility of evidence;

 

(e)Limitation of the number of witnesses;

 

(f)Reduction of oral testimony to written form;

 

(g)Procedures to be followed at the hearing; and

 

(h)Disposition of all pending motions.

 

1023.4The examiner may require further conference, or responsive pleadings, or both.

 

1023.5If a party refuses to produce documents requested by another party at the conference, the examiner may compel the production of the documents prior to hearing by subpoena issued in accordance with § 1020, as though at a hearing.

 

1023.6The examiner shall issue a report of pre-hearing conference, defining the issues, specifying a schedule for the exchange of exhibits and rebuttal exhibits, the date of hearing, and specifying a time for the filing of objections to the report.

 

1023.7The report shall be served upon all parties to the proceeding and any person who appeared at the conference.

 

1023.8Objections to the report may be filed by any interested person within the time specified in the report.

 

1023.9The examiner may revise his or her report in the light of the objections presented. Any revised report shall be served upon the same persons and parties as was the original report.

 

1023.10The report (or revised report) shall constitute the official account of the conference and shall control the subsequent course of the proceeding; Provided, that it may be reconsidered and modified at any time to protect the public interest or to prevent injustice.