18 AAC 15.250. Prehearing conference

(a) The hearing officer may direct the holding of a prehearing conference if a conference might substantially aid resolution of the case. At least 10 days before a prehearing conference, unless the parties agree to a shorter time period, the hearing officer shall

(1) give notice of the conference to each party; and

(2) set the time and place of the conference with due regard for the convenience of the parties.

(b) At the prehearing conference, the hearing officer may address, and may issue an order regarding

(1) the simplification, clarification, consolidation, or limitation of the issues;

(2) the striking of immaterial issues, and the summary disposition of issues over which a genuine dispute does not exist;

(3) the admission of facts and the genuineness of documents, and stipulations with respect to facts and documents;

(4) objections to the introduction into evidence at the hearing of any written testimony, documents, papers, exhibits, or other submissions proposed by a party; however, the failure to raise an evidentiary objection at the conference does not preclude a party from raising the objection at the hearing;

(5) matters of which official notice will be taken in accordance with AS 44.62.480 ;

(6) establishment of a schedule, including definite or tentative times relating to the progress of the hearing;

(7) subject to 18 AAC 15.240(d) , the taking and introduction of depositions;

(8) the use of affidavits in place of oral testimony under the procedures set out in AS 44.62.470 ;

(9) the acceptance, on good cause shown, of supplements to the witness and evidence lists provided under 18 AAC 15.240, specifically including rebuttal evidence to matters submitted under 18 AAC 15.240(b) ;

(10) the exclusion of unduly repetitive or irrelevant evidence; and

(11) subject to AS 44.62.420 (b), the telephonic participation of witnesses; and

(12) any other matter that will expedite the hearing or aid disposition of the matter.

(d) The hearing officer shall prepare, and shall serve upon all parties, within 10 days after holding the prehearing conference, a written prehearing order reciting the actions taken at the prehearing conference and setting out the schedule for the hearing. In the order, the hearing officer shall include a written statement of the areas of factual agreement and disagreement, of the methods and procedures to be used to develop the evidence, and of the respective duties of the parties in connection therewith. The order controls the subsequent course of the hearing unless modified by the hearing officer for good cause shown.

History: Eff. 11/25/77, Register 64; am 7/11/2002, Register 163

Authority: AS 46.03.020

AS 46.35.090 (e)

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