Section 4-413. PRE-HEARING CONFERENCE

 

413.1The hearing examiner shall hold a pre-hearing conference after completion of discovery to accomplish the following objectives:

 

(a)To effect the exchange between parties of information regarding their respective cases, including;

 

(1)Identities of prospective witnesses, and proffers of the relevance of their projected testimony; and

 

(2)Descriptions of prospective exhibits; and proffers of their relevance;

 

(b)To elicit stipulations on all questions of fact or law where no real controversy exists;

 

(c)To narrow the issues;

 

(d)To effect the exchange of all information necessary for a meaningful discussion of the prospects of settlement; and

 

(e)To discuss the possibility of settlement.

 

413.2The hearing examiner shall give the parties written notice of the pre-hearing conference at least fifteen (15) calendar days prior to the date of the conference. The notice shall include the following:

 

(a)Date, time, and place of the conference;

 

(b)Instructions to the parties to be prepared to exchange the materials necessary to accomplish the objectives of the conference;

 

(c)Instructions to the parties regarding the conditions and procedure for requesting continuances; and

 

(d)Notice of the sanctions applicable in the event of a party’s failure to appear or comply with the instructions of the notice.

 

413.3Each party shall file a pre-hearing statement containing the following:

 

(a)A concise statement of the factual and legal issues before the Commission;

 

(b)A list of all witnesses to be called, the approximate length of each witness’ testimony, and proffers of its relevance to the issues before the Commission;

 

(c)A list of all exhibits to be offered into evidence and proffers of the relevance of each exhibit to the issues before the Commission; and

 

(d)From the complainant, a detailed statement of the remedy sought.

 

413.4The parties shall be prepared to fulfill the following requirements at the pre- hearing conference:

 

(a)To file the pre-hearing statement referred to in § 413.3 of this chapter;

 

(b)To file a list of stipulations negotiated between the parties; and

 

(c)To file preliminary motions, if any, accompanied by memoranda of law with points and authorities.

 

413.5If the necessity of a subpoena is known, any party may request the issuance at the pre-hearing conference in accordance with §§ 417 and 418 of this chapter. When witnesses are known to be outside the reach of the Commission’s subpoena power, the hearing examiner may admit the substance of the testimony in an alternate form in accordance with § 424.

 

source

Final Rulemaking published at 42 DCR 1429, 1438-40 (March 24, 1995).