TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 168 PROCEDURES FOR CONTESTED CASE HEARINGS
SECTION 168.245 PRE-HEARING CONFERENCES


 

Section 168.245  Pre-Hearing Conferences

 

a)         A pre-hearing conference may be scheduled at the Hearing Officer's discretion or as a result of a request by any party.  This conference shall be for the purpose of considering:

 

1)         The simplification of issues of fact and law;

 

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

 

3)         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;

 

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

 

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

 

6)         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 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 at a pre-hearing conference.  All costs related to the court reporting services shall be borne by the party requesting such service.