Section 129.6.18. Prehearing conference.

         6.18(1) Any party may request a prehearing conference. Additionally, the presiding officer may order a prehearing conference on the presiding officer’s own motion. A written request for prehearing conference or an order for prehearing conference on the presiding officer’s own motion shall be filed not less than ten days prior to the hearing date. A prehearing conference shall be scheduled not less than three business days prior to the hearing date. The presiding officer shall give written notice of the prehearing conference to all parties. For good cause, the presiding officer may permit variances from this rule.

         6.18(2) Each party shall disclose at or prior to the prehearing conference:

            a.               A final list of the witnesses who the party anticipates will testify at hearing. Witnesses not listed may be excluded from testifying unless there was good cause for the failure to include their names; and

            b.               A final list of exhibits which the party anticipates will be introduced at hearing. Exhibits other than rebuttal exhibits that are not listed may be excluded from admission into evidence unless there was good cause for the failure to include them.

Witness or exhibit lists may be amended subsequent to the prehearing conference within the time limits established by the presiding officer at the prehearing conference. Any such amendments must be served on all parties.

         6.18(3) In addition to the requirements of subrule 6.18(2), the parties at a prehearing conference may:

            a.               Enter into stipulations of law or fact;

            b.               Enter into stipulations concerning the admissibility of exhibits;

            c.               Identify matters which the parties intend to request be officially noticed;

            d.               Unless precluded by statute, enter into stipulations for waiver of the provisions of Iowa Code chapter 17A, as permitted by Iowa Code section 17A.10(2), or waiver of office rules; and

            e.               Consider any additional matters which will expedite the hearing.

         6.18(4) Prehearing conferences shall be conducted by telephone or other electronic means unless otherwise ordered.

         6.18(5) The parties shall exchange and receive witness and exhibit lists in advance of a prehearing conference.

         6.18(6) The parties shall exchange copies of all exhibits marked for introduction at hearing in the manner provided in subrule 6.23(4) no later than three business days in advance of hearing, unless otherwise ordered by the presiding officer at the prehearing conference.

[ARC 2542C, IAB 5/25/16, effective 6/29/16]