R277-212-4. Preliminary Instructions to Parties to a Hearing

(1) A hearing shall be scheduled no less than 45 days after receipt of an answer, unless otherwise stipulated by the parties. (2) No later than 25 days before the date of a hearing, the Executive Secretary shall provide the parties with the following information: (a) date, time, and location of the hearing; (b) names and LEA affiliations of each panel member, and the name of the hearing officer; and (c) instructions for accessing Rules R277-210 through R277-217. (3) No later than 20 days before the date of the hearing, the respondent and the complainant shall provide the following to the other party and to the hearing officer: (a) a brief, if requested by the hearing officer containing: (i) any procedural and evidentiary motions along with the party's position regarding the allegations; and (ii) relevant laws, rules, and precedent; (b) the name of the person who will represent the party at the hearing; (c) a list of witnesses expected to be called, including a summary of the testimony that each witness is expected to present; (d) a summary of documentary evidence that the party intends to submit; and (e) following receipt of the other party's witness list, a list of anticipated rebuttal witnesses and evidence no later than ten days before the hearing. (4)(a) Except as provided in Subsection (4)(b), a party may not present a witness or evidence at the hearing if the witness or evidence has not been disclosed to the other party as required in Subsection (3). (b) A party may present a witness or evidence at the hearing even if the witness or hearing has not been disclosed to the other party if: (i) the parties stipulate to the presentation of the witness or evidence at the hearing; or (ii) the hearing officer makes a determination of good cause to allow the witness or evidence. (5) If a party fails to comply in good faith with a directive of the hearing officer, including time requirements, the hearing officer may prohibit introduction of the testimony or evidence or take other steps reasonably appropriate under the circumstances. (6) A party shall provide materials to the hearing officer, panel members, and UPPAC as directed by the hearing officer.