Section 101.612  Schedule to Complete the Record

a)         The hearing officer must establish a schedule to complete the record.  The schedule may provide dates and deadlines for pre-hearing conferences, discovery completion, and hearing and post-hearing submissions (including public comments).  The schedule must provide for a completed record at least 30 days before the decision date, unless the hearing officer orders otherwise to prevent material prejudice.  The schedule must be in the form of a hearing officer order.  The hearing officer must file the schedule with the Clerk and serve a copy of the schedule on all parties in accordance with Subpart C of this Part.

b)         The hearing officer may rule upon any motion to revise the schedule to complete the record.  The hearing officer may grant the motion to the extent that the revised schedule provides for a completed record at least 30 days before the decision date or to prevent material prejudice.  If the hearing officer grants a motion to revise the schedule, the hearing officer must file the revised schedule with the Clerk and serve a copy of the revised schedule on all parties in accordance with Subpart C of this Part.  (See also Section 101.510(d) of this Part.)