52 Pa. Code § 5.223. Authority of presiding officer at conferences.

§ 5.223. Authority of presiding officer at conferences.

(a)  The presiding officer at a conference may dispose of procedural matters which he is authorized to rule upon during the course of the proceeding. When it appears that the proceeding would be substantially expedited by distribution of proposed exhibits and written prepared testimony reasonably in advance of the hearing session, the presiding officer, at his discretion, and with regard for the convenience and necessity of the parties, may direct advance distribution by a prescribed date. The rulings of the presiding officer made at the conference will control the subsequent course of the hearing, unless modified for good cause shown.
(b)  The presiding officer will have authority to participate in the discussions, to arrange for recording stipulations or agreements reached at conference, to fix the date of initial hearing and the date for additional hearings which may be required to dispose of the proceeding, and otherwise to assist the parties to reach agreement that will expedite the proceeding and serve the ends of justice.
(c)  The presiding officer may participate in settlement discussions upon agreement of all parties. A different presiding officer or a mediator, if appropriate, will be assigned by the Chief Administrative Law Judge to participate in settlement discussions upon the request of a party.
(d)  Subsection (a) is identical to 1 Pa. Code §  35.114 (relating to authority of presiding officer at conference) and subsection (b) supplements §  35.114.

Authority

   The provisions of this §  5.223 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 504—506, 1301 and 1501.

Source

   The provisions of this §  5.223 adopted October 12, 1984, effective January 1, 1985, 14 Pa.B. 3819; amended April 28, 2006, effective April 29, 2006, 36 Pa.B. 2097. Immediately preceding text appears at serial pages (255664) to (255665).

Cross References

   This section cited in 52 Pa. Code §  5.224 (relating to prehearing conference in rate proceedings); and 52 Pa. Code §  5.234 (relating to presentation and effect of stipulations).

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