Sec. 13b.04.01.12. Prehearing Conference

A. The Secretary or the Commission, as appropriate, may hold a prehearing conference to resolve matters preliminary to the hearing.

B. The Secretary or the Commission, as appropriate, may require the parties to submit information before the prehearing conference.

C. The Secretary or the Commission, as appropriate, may order that each party make available to the other parties the names and written reports of experts and other witnesses the party expects to call as well as copies of the documents that will be used for direct examination during the hearing. Failure to comply in good faith with this order is grounds to refuse to admit the oral or written testimony of that witness, to refuse to admit a report of that expert, or to refuse to admit any document not furnished to the other parties.

D. A prehearing conference may be convened to address the following matters:

(1) Factual and legal issues;

(2) Stipulations and admissions of fact;

(3) Stipulations as to the authenticity and admissibility of documents;

(4) Requests for official notice;

(5) Identification and exchange of documentary evidence;

(6) Admissibility of evidence;

(7) Identification and qualification of witnesses;

(8) Motions;

(9) Discovery disputes;

(10) Order of presentation;

(11) Scheduling;

(12) Settlement possibilities or conferences; and

(13) Any other matter that will promote the orderly and prompt conduct of the hearing.

E. Conduct.

(1) At the discretion of the Secretary or the Commission, as appropriate, all or part of the prehearing conference may be recorded.

(2) The prehearing conference may be conducted by telephone, video, or other electronic means.

F. Prehearing Orders.

(1) The Secretary or the Commission, as appropriate, may issue a prehearing order addressing any matter raised at the prehearing conference.

(2) The prehearing order is part of the record.

(3) Whether or not a prehearing conference is held, the Secretary or the Commission, as appropriate, may issue a prehearing order to regulate the conduct of the proceedings.

G. All parties shall be bound by the Secretary's or the Commission's prehearing order regardless of whether a party attends a prehearing conference.