6 Del. Admin. Code § 200-B-226

Current through Register Vol. 28, No. 5, November 1, 2024

Section 200-B-226 - Pre-hearing Conferences

(a) Purpose of conferences. The purpose of prehearing conferences include, but are not limited to:

(1) expediting the disposition of the proceeding;

(2) establishing early and continuing control of the proceeding by the Presiding Officer; and

(3) improving the quality of the hearing through more thorough preparation.

(b) Procedure. On his or her own motion or at the request of a party, the Presiding Officer may, in his or her discretion, direct counsel or any party to meet for an initial, final or other prehearing conference. Such conferences may be held with or without the Presiding Officer present as the Presiding Officer deems appropriate. Where such a conference is held outside the presence of the Presiding Officer, the Presiding Officer shall be advised promptly by the parties of any agreements reached. Such conferences also may be held with one or more persons participating by telephone or other remote means.

(c) Subjects to be discussed. At a prehearing conference consideration may be given and action taken with respect to any and all of the following:

(1) simplification and clarification of the issues;

(2) exchange of witness and exhibit lists and copies of exhibits;

(3) stipulations, admissions of fact, and stipulations concerning the contents, authenticity or admissibility into evidence of documents;

(4) matters of which official notice may be taken;

(5) the schedule for exchanging prehearing motions or briefs, if any;

(6) the method of service for papers;

(7) summary disposition of any or all issues;

(8) settlement of any or all issues;

(9) determination of hearing dates;

(10) amendments to the complaint or answers thereto;

(11) disclosure of anticipated evidence at the hearing; and

(12) such other matters as may aid in the orderly and expeditious disposition of the proceeding.

(d) Prehearing orders. At or following the conclusion of any conference held pursuant to this section, the Presiding Officer shall enter a ruling or order which recites the agreements reached and any procedural determinations made by the Presiding Officer.

(e) Failure to appear: default. Any person who is named as a respondent in a complaint and who fails to appear, in person or through a representative, at a prehearing conference of which he or she has been duly notified may be deemed in default pursuant to Rule 252(a). A party may make a motion to set aside a default pursuant to Rule 252(b).

(f) Pre-hearing submissions. In connection with the pre-hearing conference, the Presiding Officer, on his or her own motion or at the request of a party, may order any party to furnish such information as deemed appropriate.

6 Del. Admin. Code § 200-B-226

18 DE Reg. 394 (11/1/2014) (Final)