TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 166 PROCEDURES FOR PERMIT AND CLOSURE PLAN HEARINGS
SECTION 166.226 PRE-HEARING CONFERENCES


 

Section 166.226  Pre-Hearing Conferences

 

a)         A pre-hearing conference may be scheduled at the Hearing Officer's discretion or at the request of any party whenever any of the purposes listed below would be effectuated.  This conference shall be for the purpose of considering:

 

1)         The setting of the date, time and location of the hearing.

 

2)         The simplification of issues of fact and law;

 

3)         The necessity or desirability of amending pleadings or documents for the purpose of clarification, amplification, or limitation;

 

4)         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;

 

5)         The limitation of the number of witnesses, including experts;

 

6)         The usefulness of prior mutual exchange between or among parties of prepared testimony and exhibits; and

 

7)         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 ruling on motions or other 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 to transcribe the proceedings at a pre-hearing conference.  All costs related to the court reporting services shall be borne by the party requesting such service.