TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY PART 168 PROCEDURES FOR CONTESTED CASE HEARINGS SECTION 168.245 PRE-HEARING CONFERENCES
Section 168.245 Pre-Hearing Conferences
a) A pre-hearing conference may be scheduled at the Hearing Officer's discretion or as a result of a request by any party. This conference shall be for the purpose of considering:
1) The simplification of issues of fact and law;
2) The necessity or desirability of amending pleadings or documents for the purpose of clarification, amplification, or limitation;
3) The possibility of making admissions of fact or stipulations concerning the foundation for testimony or exhibits or use of matters of public record, to avoid unnecessary introduction of proof;
4) The limitation of the number of witnesses, including experts;
5) The usefulness of prior mutual exchange between or among parties of prepared testimony and exhibits; and
6) Such other matters as may aid in the simplification of the evidence and disposition of the proceeding.
b) After a pre-hearing conference, the Hearing Officer; shall provide all parties with a statement which recites:
1) Any action taken by the Hearing Officer;
2) Any agreements made by the parties as to any of the matters considered; and
3) Those issues remaining for hearing.
c) A certified court reporter may be present at a pre-hearing conference. All costs related to the court reporting services shall be borne by the party requesting such service. |