Washington Administrative Code
Title 463 - Energy Facility Site Evaluation Council
Chapter 463-30 - Adjudicative proceedings
Section 463-30-270 - Prehearing conference

Universal Citation: WA Admin Code 463-30-270

Current through Register Vol. 24-18, September 15, 2024

(1) The council upon its own motion or upon request of a party may direct the parties or their representatives to engage in a prehearing conference or conferences to consider:

(a) Simplification of issues;

(b) The necessity or desirability of amendments to the pleadings;

(c) The possibility of obtaining stipulations, admissions of fact, and admissions of the genuineness of documents which will avoid unnecessary proof;

(d) Limitations on the number and consolidation of the examination of witnesses;

(e) Procedural matters;

(f) Distribution of written testimony and exhibits to the parties prior to the hearing;

(g) The disposition of petitions for leave to intervene in the proceeding filed pursuant to WAC 463-30-091 may be ruled upon at a prehearing conference;

(h) Such other matters as may aid in the disposition or settlement of the proceeding including scheduling the hearing and determination of the sequence of the subject matter.

(2) Prehearing conferences may be held by telephone conference call or at a time and place specified by the council.

(3) Following the prehearing conference, the presiding officer shall issue an order reciting the action taken at the conference, the amendments allowed to the pleadings, the agreements made by the parties concerning all of the matters considered and other matters as appropriate. If no objection to the order is filed within ten days after the date the order is mailed, it shall control the subsequent course of the proceeding unless modified for good cause by subsequent order.

(4) In any proceeding the council may conduct a conference prior to the taking of testimony, or may recess the hearing for such conference, for the purpose of carrying out the purpose of this section. The council shall state on the record the results of such conference.

(5) Nothing in this section shall be construed to limit the right of the council to order a prehearing conference or other settlement procedure prior to issuance of a notice of hearing.

Statutory Authority: RCW 80.50.040(1) and (12). 04-21-013, § 463-30-270, filed 10/11/04, effective 11/11/04. Statutory Authority: RCW 80.50.040. 90-05-018, § 463-30-270, filed 2/13/90, effective 3/16/90; Order 109, § 463-30-270, filed 11/16/76.

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