La. Admin. Code tit. 33 § I-353

Current through Register Vol. 50, No. 9, September 20, 2024

Section I-353 - Prehearing Order

A. The presiding officer may require, prior to the adjudicatory hearing, that the parties submit a joint proposed prehearing order approved and signed by all parties or their counsel of record. Except as otherwise ordered by the presiding officer, the proposed prehearing order shall set forth the following:

1. a brief but comprehensive statement of the factual and legal contentions of each party;

2. a list of the legal authority (including statutes, code articles, regulations, and cases) to be relied upon by each party at the adjudicatory hearing;

3. a detailed itemization of all pertinent uncontested facts established by pleadings, stipulations, and admissions;

4. a detailed itemization of all contested issues of fact;

5. a list of all contested issues of law;

6. a list and brief description of all exhibits to be offered in evidence by each party. Exhibits to be used solely for impeachment or rebuttal need not be included on the list;

7. a list naming the fact witnesses and the expert witnesses each party may call and a short statement as to the nature of their testimony. Witnesses to be called solely for impeachment or rebuttal need not be included on the list;

8. a list of all matters to be officially noticed;

9. a statement by each party as to the estimated length of time necessary to present its case;

10. all other stipulations;

11. a list of all pending motions;

12. a statement as to any other matters not included in any of the previous headings which may be relevant to a prompt disposition of the case;

13. the following certification:

"We hereby certify that we have conferred for the purpose of preparing this joint proposed prehearing order and that we have no objections to the contents of this prehearing order other than those attached hereto pursuant to LAC 33:I.353.B;" and

14. this order:

"IT IS ORDERED that this matter be set for hearing at _________ o'clock _________.m. on the ___________ day of ____________, 20_______ and to continue thereafter until completed."

___________________________

PRESIDING OFFICER

B. In the event that the representative or counsel of any party disagrees with the proposed prehearing order, or any part thereof, he shall attach to the order a signed statement of his opposition and reasons therefor but shall, nevertheless, sign the joint proposed prehearing order which shall be deemed to be approved in all respects except those covered in the statement of opposition.

C. The representative or counsel who has certified the prehearing order as submitted to the presiding officer shall attend the prehearing conference and the adjudicatory hearing unless permission is granted by the presiding officer for a substitute to appear. Any counsel or other representative attending the conference shall be knowledgeable of all aspects of the case and shall possess the necessary authority to commit his client, associate counsel, and witnesses regarding changes, stipulations, and hearing dates.

D. At the conclusion of the prehearing conference, the presiding officer shall sign the order setting the case for the adjudicatory hearing, and it shall thereafter be filed in the adjudicatory record. No amendments to the filed prehearing order shall be made prior to the hearing except at the discretion of the presiding officer based upon consent of the parties or for good cause shown.

E. If a party fails to cooperate in preparing or filing a prehearing order, the presiding officer may proceed with the prehearing conference, sign the prehearing order as drafted, continue the prehearing conference, continue the hearing, or limit the party's right to introduce evidence, cross-examine witnesses, argue, or otherwise participate in the adjudicatory hearing.

F. The presiding officer may order such other action as he deems necessary to facilitate the hearing.

La. Admin. Code tit. 33, § I-353

Promulgated by the Department of Environmental Quality, Office of the Secretary, Administrative Hearings Division, LR 21:561 (June 1995).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq.