Reclamation Commission - General Provisions - Pre-hearing procedures.


Published: 2013-10-11

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(A) The commission, or its hearing officer, on its own initiative or at the request of any party, may schedule and hold pre-hearing conferences regarding issues on appeal.

(B) Whenever a pre-hearing conference is held, the commission, or its hearing officer, may issue an order which recites the matters discussed, the agreements reached, and the rulings made at the pre-hearing conference.

(C) The commission, or its hearing officer, may require the filing of a pre-hearing statement by the parties to an appeal. The commission may require the statement to:

(1) Inform the commission in detail of the factual and legal issues which the case presents;

(2) Include all exhibits which are to be introduced in evidence;

(3) Outline the expected testimony of witnesses on controverted factual issues;

(4) Set forth the party's position on legal issues, including any significant evidentiary questions, and the authorities in support thereof;

(5) Include copies of available opinions and reports of all persons who may be called as expert witnesses.