Ala. Admin. Code r. 305-7-7-.09

Current through Register Vol. 43, No. 1, October 31, 2024

Section 305-7-7-.09 - Prehearing Procedure

(1) The Commission may, on its own initiative or on the motion of any party, direct the parties to appear at a specified date, time and place for one or more conferences, prior to or during a hearing, to consider:

(a) settlement of the contested matters;

(b) identification, clarification, simplification, or limitation of the issues,

(c) possibility of obtaining admissions of fact and of the genuineness of documents which will avoid unnecessary proof,

(d) identification of facts, and the source thereof, of which official notice is proposed to be taken;

(e) identification of persons with knowledge of any relevant matter;

(f) identification of any expert witnesses expected to be called by any party to testify at the hearing and the substance of the facts and opinions to which the expert witnesses may be expected to testify and a summary of the grounds for each opinion;

(g) possibility of submitting any evidence in verified form when the hearing will be expedited and the interests of the parties will not be prejudiced thereby, provided that the right of cross-examination of any witness shall not be denied; and

(h) such other matters as may aid in the disposition of the contested actions.

(2) The Commission shall issue a written prehearing order reciting the action taken at the conference and the agreements made by the parties as to any of the matters considered. The order shall limit the issues for consideration at the hearing to those not disposed of by admissions or agreements of the parties. Such order, when entered, shall control the subsequent course of the hearing unless modified.

Author: Walter B. Stevenson, Jr.

Ala. Admin. Code r. 305-7-7-.09

Filed: October 20, 1993, Adopted: December 9, 1993; Effective: February 22, 1994.

Statutory Authority:Code of Ala. 1975, § 9-10B-18.