Sec. 14.30.11.10. Prehearing Conference

A. The Board, the Executive Director, or the administrative law judge, as appropriate, may hold a prehearing conference to resolve matters preliminary to the hearing.

B. The Board, the Executive Director, or the administrative law judge, as appropriate, may require the parties to submit information before the prehearing conference.

C. The Board, the Executive Director, or the administrative law judge, 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:

(1) A report of, or testimony by, that expert or witness; or

(2) 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 and proof as to the expected testimony;

(8) Motions;

(9) Order of presentation;

(10) Scheduling;

(11) Settlement possibilities or conferences; and

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

E. Conduct.

(1) At the discretion of the Board, the Executive Director, or the administrative law judge, 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 Board, the Executive Director, or the administrative law judge, 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 Board, the Executive Director, or the administrative law judge, as appropriate, may issue a prehearing order to regulate the conduct of the proceedings.

G. All parties are bound by the prehearing order of the Board, Executive Director, or administrative law judge, regardless of whether a party attends a prehearing conference.