Section 193.7.21. Prehearing conference and disclosures.

         7.21(1) Any party may request a prehearing conference. 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 five business days prior to the hearing date. The board shall set a prehearing conference in all licensee disciplinary cases and provide notice of the date and time in the notice of hearing. Written notice of the prehearing conference shall be given by the board to all parties. For good cause the presiding officer may permit variances from this rule.

         7.21(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.

            c.                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.

         7.21(3) In addition to the requirements of subrule 7.21(2), the parties at a prehearing conference may:

            a.                Enter into stipulations of law or fact;

            b.                Enter into stipulations on the admissibility of exhibits;

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

            d.                Enter into stipulations for waiver of any provision of law; and

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

         7.21(4) Prehearing conferences shall be conducted by telephone unless otherwise ordered. Parties shall exchange and receive witness and exhibit lists in advance of a telephone prehearing conference. Unless otherwise provided in the order setting a prehearing conference, the prehearing conference shall be conducted by an administrative law judge.

         7.21(5) The parties shall exchange copies of all exhibits marked for introduction at hearing in the manner provided in subrule 7.26(4) no later than three business days in advance of hearing, or as ordered by the presiding officer at the prehearing conference.

[ ARC 2754C , IAB 10/12/16, effective 11/16/16]