Sec. 10.01.09.04. Prehearing Conference for Evidentiary Hearing  


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  • A. After receipt of a notice of appeal with an election by the provider of a full evidentiary hearing, the Board shall schedule a prehearing conference.

    B. The prehearing conference shall be presided over by a member of the Board or by a person designated by the Board.

    C. The prehearing conference may be conducted either in person or by telephone conference call.

    D. The presiding officer shall issue a prehearing order after the conference specifying the:

    (1) Witnesses that each party intends to call, if any.

    (2) Schedule for any briefs of the issues of fact and law involved in the hearing. These briefs shall be in the form and with the number of copies designated by the presiding officer.

    (3) Date of the hearing, unless the parties agree to waive an oral hearing.

    (4) Order in which the parties shall present their case.

    E. A record shall be made of the prehearing conference by the officer in charge.

    F. All prehearing matters, including requests for postponements, shall be addressed to and determined by the officer who presides at the prehearing conference.