NAC445B.8913. Prehearing conference.  


Latest version.
  •      1. The Commission may, upon its own motion or a motion made by a party, conduct a prehearing conference to:

         (a) Formulate, simplify or limit the issues involved in a hearing;

         (b) Obtain admissions of fact or any stipulation of the parties which will avoid unnecessary proof;

         (c) Arrange for the exchange of proposed exhibits or prepared expert testimony;

         (d) Identify the witnesses and the subject matter of their expected testimony and, if necessary, limit the number of witnesses or the scope of their testimony;

         (e) Rule on any pending prehearing motions or matters;

         (f) Establish a schedule for the filing of motions or the submission of briefs; or

         (g) Consider any other action or procedure which may expedite the orderly conduct and disposition of the proceedings or a settlement of the matter.

         2. Notice of a prehearing conference conducted pursuant to this section must be provided to each party. Unless otherwise ordered and for good cause shown, the failure of a party to attend a prehearing conference constitutes a waiver of any objection to any agreement reached or ruling made at the conference.

         3. Any action taken or agreement reached at a prehearing conference:

         (a) Must be made a part of the record;

         (b) Controls the course of subsequent proceedings, unless otherwise stipulated by each party with the consent of the Commission; and

         (c) Except as otherwise provided pursuant to a stipulation entered pursuant to paragraph (b), is binding upon all parties, including, without limitation, any person that subsequently becomes a party to the proceedings.

     (Added to NAC by Environmental Comm’n by R135-11, eff. 5-30-2012)