§ 105.14d. Prehearing conferences.
(a) Prehearing conference. To facilitate the submission and consideration of issues and facts, the Commission may schedule a prehearing conference and request the parties to participate in the proceeding. The conference may be conducted by telephone or in person, either by a Commissioner or by an attorney employed by the Commission to consider the following:
(1) Simplification of the issues.
(2) Stipulations of fact and authenticity of documents.
(3) Admissibility and relevance of witness testimony.
(4) Admissibility and relevance of exhibits, which will be identified and exchanged at the conference.
(5) Subpoenas and all issues related to subpoenas.
(6) Offers of settlement or proposals for adjustment, if appropriate.
(7) Other matters that would facilitate the efficiency of the proceeding.
(b) Prehearing conference memorandum. No later than 3 work days in advance of the prehearing conference, the parties will submit to the Commission an original memorandum, plus three copies, that contains the following:
(1) Caption identifying the parties and the appeal by its assigned appeal number.
(2) Statement of issues to be decided by the Commission. If a party intends to move the Commission to dismiss the appeal, that issue should be noted, but a Motion to Dismiss must be filed separately.
(3) Statement of stipulations, or facts not in dispute, that includes requested stipulations of fact and any agreements already reached by the parties regarding undisputed facts.
(4) Witness list with brief description of testimony of each witness listed.
(5) Exhibit list with brief description of exhibits and a brief explanation of the relevance of each exhibit listed.
(6) Estimate of time anticipated to complete presentation of evidence to the Commission.
(7) Requests for subpoenas may be included with the memorandum.
(8) At the hearing, the parties may be limited to those witnesses and exhibits set forth in the memorandum unless one or more of the following apply:
(i) A supplemental memorandum is submitted to the Commission at least 1 business day prior to the hearing.
(ii) There has been proper notice to other parties and there is no showing of undue inconvenience or prejudice.
(iii) The parties have conferred and agree to the additional witnesses or exhibits, or both.
(c) Supplementation. Subsections (a) and (b) supplement 1 Pa. Code § 35.113 (relating to initiation of conferences).
Source The provisions of this § 105.14d adopted March 12, 2004, effective March 13, 2004, 34 Pa.B. 1442.
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