Current through Register 1531, September 27, 2024
(1)
Pre-hearing Conferences. The Presiding Officer may
hold one or more pre-hearing conferences before or after the initial hearing,
but before the date set for the start of cross-examination. No more than ten
days before the date of the initial hearing, the Presiding Officer may hold a
pre-hearing conference to develop a schedule for the conduct of the Proceeding.
The Presiding Officer may also direct the Parties to confer with him or her, or
with each other to consider:
(a)
simplification of issues;
(b) the
possibility of obtaining stipulations or admissions of fact and agreements
about documents to avoid unnecessary proof;
(c) limits on the number of expert
witnesses;
(d) stipulations as to
the qualifications of experts;
(e)
limits on the time to be allowed for cross-redirect, and
recross-examination;
(f) rulings as
to evidentiary disputes; and
(g)
other matters as may aid in the prompt disposition of the Proceeding.
After a pre-hearing conference, the Presiding Officer may issue
an order regarding the scheduling of the Proceeding, which shall remain in
place unless modified by the Presiding Officer.
(2)
Discovery.
(a) The Parties are encouraged to engage in
voluntary discovery. Any Party to a Proceeding may request any other Party to
produce or make available any documents or tangible things, not privileged and
not previously supplied, which are in the possession, custody or control of the
Party to whom the request is made. Requests may be served on a Party after
submission of its Rate Filing or Responsive Filing and shall set forth the
items to be provided with reasonable particularity. Additional forms of
discovery may be allowed, for good cause shown, at the discretion of the
Presiding Officer.
(b) The Party
receiving a discovery request shall respond within ten days unless the
Presiding Officer establishes a different time period. The State Rating Bureau,
in responding to requests for documents, shall be entitled to the fee per page
for copies as set from time to time by the Executive Office for Administration
and Finance. Parties are expected to attempt in good faith to resolve any
disputes relating to discovery requests or the responses made to such requests.
If they are unable to resolve their differences within five days of receiving a
request for discovery or an allegedly insufficient response to a request for
discovery, the affected Party may, as appropriate, file objections to a request
for discovery, move for a protective order, or move to compel discovery. The
Presiding Officer may, in his or her discretion, hold a hearing on the
objections or motion. The Presiding Officer may issue protective orders to
protect a Party from annoyance, embarrassment, oppression or undue burden or
expense, or to prevent undue delay in the Proceeding. The Presiding Officer may
order a Party to comply with a discovery request and may, where justice
requires, order limits on the scope, method, time and place for discovery and
provisions for protecting confidential or privileged information or
documents.
