§ 42-17.7-5 - Pre-hearing procedure – Depositions – Exhibits – Formulating issues – Other procedures.
SECTION 42-17.7-5
§ 42-17.7-5 Pre-hearing procedure –Depositions – Exhibits – Formulating issues – Other procedures.– (a) Prior to the commencement of any hearing, the hearing officer may in his orher discretion direct the parties or their attorneys to appear before him orher for such conferences as shall be necessary. At such conferences the hearingofficer may order any party to file, prior to the commencement of any formalhearing, any exhibits the party intends to use in the hearing and the names andaddresses of witnesses the party intends to produce in its direct case togetherwith a short statement of the testimony of each witness. Following entry ofsuch an order, a party shall not be permitted, except in the discretion of thehearing officer, to introduce into evidence in said party's direct caseexhibits which are not filed in accordance with the order. At such conference,the hearing officer may designate a date before which he or she requires anyparty to specify what issues are conceded and further proof of conceded issuesshall not be required. The hearing officer shall also require the parties tosimplify the issues, to consider admissions of fact and of documents which willavoid unnecessary proof and to limit the number of expert witnesses. Thehearing officer shall enter an order reciting the concessions and agreementsmade by the parties, and shall enter an order on such other matters as arepertinent to the conduct of the hearing, and, unless modified, the hearingshall be conducted by the order.
(b) The hearing officer may also order the parties to fileprior to the commencement of any hearing the testimony of any or all of theirrespective witnesses and to submit such testimony to the hearing officer andthe opposing party or the opposing counsel by such date as the hearing officershall determine. The witness shall testify under oath, and all of suchtestimony shall be in a question and answer format. Save for good cause shown,said testimony shall be the direct examination of said witness; provided,however, that said witness shall be available at the hearing forcross-examination by the opposing party or opposing counsel.
(c) The director with the assistance of the chief hearingofficer shall promulgate by regulation such other pre-hearing procedures and/orhearing procedures as deemed necessary including the use of portions of thesuperior court civil rules of discovery where they are not inconsistent withthe applicable provisions of the Administrative Procedures Act, chapter 35 ofthis title.