Code of Maine Rules
02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION
032 - OFFICE OF SECURITIES
Chapter 540 - ADJUDICATORY PROCEEDINGS RULE
Section 032-540-13 - Pre-Hearing Conferences

Current through 2024-38, September 18, 2024

1. Agenda. The Administrator or presiding officer may in his/her discretion direct that one or more pre-hearing conferences be held, upon reasonable notice, for any purpose including but not limited to:

(A) formulating or simplifying issues;

(B)obtaining admissions or stipulations regarding facts and documents;

(C)deciding requests for official notice;

(D) addressing discovery disputes and motions;

(E) determining the admissibility of evidence;

(F) deciding the order of presentation;

(G) arranging for exchange of proposed exhibits, testimony, and evidence;

(H) limiting the number of witnesses and extent of witness examinations;

(I) determining scheduling and procedures for the hearing; and

(J)discussing such other matters that may expedite the orderly conduct and disposition of proceedings or settlements thereof.

2. Telephone or video conference. The Administrator or presiding officer may conduct a pre-hearing conference by telephone, video, or other electronic means. Upon notice to the participants, all or part of the pre-hearing conference may be recorded.

3. Record. Actions taken and agreements made at such conferences shall be made part of the record and such actions and agreements will control the course of the proceedings unless modified in the discretion of the Administrator or presiding officer.

4. Discretion. The Administrator or presiding officer may, in lieu of holding a pre-hearing conference, elect to communicate in writing with parties about some or all of the same subjects as would be discussed at such a conference. This section shall not be construed as creating a right to a pre-hearing conference.

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