Prehearing Conferences and Stipulations

PURPOSE: This rule authorizes prehearing conferences and to delineate their scope. (1) The executive director shall have the authority to set prehearing conferences for those hearings in which the executive director deems the conference to be helpful or desirable in expediting any hearing of the commission. (A) All prehearing conferences will be held by order of the executive director with reasonable notice of the time and place for the conference to all parties to the hearing. (B) Any party or the legal counsel for any party may petition the executive director to hold a prehearing conference at any time prior to the hearing. The executive director may order a prehearing conference upon the petition. (C) The party or counsel who will actually handle the hearing shall be present at all prehearing conferences unless excused by the executive director. All parties to the hearings may appear in person or with counsel at any prehearing conference. (2) The parties or their counsels in attendance at prehearing conferences shall be prepared to discuss all of the following items: (A) The simplification of the issues; (B) The necessity or desirability of combining or consolidating any issues which are the subject of a different request for hearing under these rules to avoid needless duplication and additional expense to the parties. The executive director shall have the authority to consolidate hearings and, on consent, hold hearings for multiple licensees; (C) The possibility of obtaining admissions of fact or the admissibility of any documents or evidence; (D) The limitation of the number of expert or character witnesses and the identification of witnesses. 1. The executive director shall have authority to order the exchange of lists of proposed witnesses who may be called in a party’s case-in-chief. 2. If witnesses are ordered exchanged, no witness may be called in the case-in-chief who is not on the witness list; (E) Any prehearing motions which may have been filed in the case; (F) The timing of discovery not yet completed and a date beyond which discovery may no longer be used; (G) The anticipated length of the hearing and the time and location of the hearing; and (H) Other matters as may be necessary or desirable in the disposition of the hearing. (3) The director may issue orders after a prehearing conference concerning any subject discussed and may set forth facts over which there is no substantial dispute. The orders shall be binding on the parties and shall foreclose evidence on the issues excluded or facts found. The order shall be subject to any included in the findings of fact and/or conclusions of law and subject to review as provided in section 313.650, RSMo. (4) The parties may enter into stipulations as to some or all of the facts either as a result of the prehearing conference or otherwise. A stipulation shall not preclude the offering of additional evidence by any party unless an order under section (3) of this rule is entered. Parties may also stipulate to a violation and suspension for any period as a result of a prehearing conference or otherwise. If a suspension is stipulated, the executive director shall enter a consent order in accordance with the stipulation and shall vacate the notice of formal hearing. All stipulations under this section shall be signed by the party and all attorneys of record. AUTHORITY: sections 313.650.2 and 313.650.3, RSMo 1986.* This rule originally filed as 12 CSR 50-90.070. Emergency rule filed July 18, 1986, effective July 28, 1986, expired Nov. 15, 1986. Original rule filed Oct. 3, 1986, effective Jan. 12, 1987. Moved to 11 CSR 45-90.070, effective Aug. 28, 1995. *Original authority: 313.650, RSMo 1986.