§ 46-23-20.3 - Prehearing procedure.
SECTION 46-23-20.3
§ 46-23-20.3 Prehearing procedure. –(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 the conferences, the hearingofficer may order any party to file, prior to the commencement of any formalhearing, exhibits that the party intends to use in the hearing, and the namesand addresses of witnesses that the party intends to produce in its directcase, together with a short statement of the testimony of each witness.Following entry of an order, a party shall not be permitted, except in thediscretion of the hearing officer, to introduce into evidence, in the party'sdirect case, exhibits which are not filed in accordance with the order. At theconference, the hearing officer may designate a date before which he or sherequires any party to specify what issues are conceded, and further proof ofconceded issues shall not be required. The hearing officer shall also requirethe parties to simplify the issues, to consider admissions of fact and ofdocuments which will avoid unnecessary proof, and to limit the number of expertwitnesses. The hearing officer shall enter an order reciting the concessionsand agreements made by the parties, and shall enter an order on such othermatters as are pertinent to the conduct of the hearing, and unless modified,the hearing shall be conducted by the order.
(b) The hearing officer may also order the parties to file,prior to the commencement of any hearing, the testimony of any or all of theirrespective witnesses, and to submit the 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 the testimonyshall be in a question and answer format. Save for good cause shown, saidtestimony shall be the direct examination of the witness; provided, however,that the witness shall be available at the hearing for cross-examination by theopposing party or opposing counsel.
(c) The council, with the assistance of the chief hearingofficer, shall promulgate, by regulation, such other prehearing proceduresand/or hearing procedures as deemed necessary, including the use of portions ofthe superior court civil rules of discovery where such are not inconsistentwith the applicable provisions of the Administrative Procedures Act, chapter 35of title 42.