JurisdictionCaliforniaCode HNCHarbors and Navigation Code - HNC
Div. 5.DIVISION 5. PILOTS FOR MONTEREY BAY AND THE BAYS OF SAN FRANCISCO, SAN PABLO, AND SUISUN
Ch. 6.CHAPTER 6. Pilotage Tariff Determination and Procedures
Art. 4.ARTICLE 4. Petitions
(a)The administrative law judge shall hold an initial petition management conference to set a hearing date, establish a complete petition calendar, rule on requests to intervene, and address any other timely or appropriate business presented by the parties.
(b)
(1)In order to make a more effective use of hearing time in formal proceedings and to expedite the orderly conduct and disposition of the proceedings, the administrative law judge shall set a date in the complete petition calendar for at least one prehearing conference between the parties. The parties attending a prehearing conference shall consider, but not be limited to the consideration
of, all of the following:
(A)Simplifying and clarifying the issues and eliminating irrelevant or immaterial issues.
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(a)
The administrative law judge shall hold an initial petition management conference to set a hearing date, establish a complete petition calendar, rule on requests to intervene, and address any other timely or appropriate business presented by the parties.
(b)
(1)
In order to make a more effective use of hearing time in formal proceedings and to expedite the orderly conduct and disposition of the proceedings, the administrative law judge shall set a date in the complete petition calendar for at least one prehearing conference between the parties. The parties attending a prehearing conference shall consider, but not be limited to the consideration
of, all of the following:
(A)
Simplifying and clarifying the issues and eliminating irrelevant or immaterial issues.
(B)
Obtaining stipulations as to facts, authenticity of documents, admissibility of evidence, and other evidentiary matters.
(C)
The use of other aids to the orderly conduct and disposition of the proceeding as may be possible.
(2)
This section does not preclude any party from calling or holding off-calendar conferences by agreement or stipulation. If a conference is called before the hearing, or if the hearing is recessed for a conference, and the conference yields an outcome of substance, the administrative law judge shall state on the record the
results of the conference.
(c)
The administrative law judge shall set dates in the complete petition calendar for the parties to conclude all discovery and data requests, respond to discovery and data requests, and lodge any objections to discovery or discovery responses by another party.
(d)
(1)
The administrative law judge shall set dates in the complete petition calendar for the parties to file proposed written testimony, witness lists, and proposed exhibits with the administrative law judge on a date before the hearing, reserving rights of cross-examination at the hearing.
(2)
Any objections to the prefiled testimony, witnesses, or proposed exhibits shall be lodged with the administrative law judge at
a prehearing date set in the complete petition calendar, and shall be resolved by the administrative law judge at the commencement of the hearing.
(3)
When a party fails to file any written testimony, witness list, or proposed exhibit for the rate hearing, or objections to the prefiled testimony, witnesses, or proposed exhibits for the rate hearing, within the time specified by the complete petition calendar, the late filing may be accepted if the administrative law judge determines that there was good cause for failure to file within the required time. For purposes of this section, “good cause” exists when a failure to file arises from an excusable mistake, surprise, excusable neglect, or reasonable reliance on the statement of the administrative law judge, or from fraud, misrepresentation, or other misconduct by a party participating in the
proceeding.
(e)
The administrative law judge shall set a date in the complete petition calendar for the parties to file proposed stipulations, agreements, or other reports resulting from a prehearing conference on a date before the hearing.
(f)
The administrative law judge shall set the hearing for a date and time most convenient to the parties concerned.
(g)
The administrative law judge shall set dates in the complete petition calendar for the parties to file posthearing briefs and reply briefs.
(h)
(1)
For all petitions contested by an intervenor, the complete petition calendar shall require a final order and tariff to be published no
later than 240 days from the date of petition filing established pursuant to Section 1268 if there is no rereferral under Section 1279.
(2)
For all petitions that are either uncontested by an intervenor or a joint submission that is not subject to any further requests to intervene by a party opposed to the petition, the complete petition calendar shall require that an expedited hearing date is set and a final order and tariff are published no later than 120 days from the date of petition filing established pursuant to Section 1268 if there is no rereferral under Section 1279.
(i)
This section does not prohibit an administrative law judge from revising by order the hearing date or other components of the complete petition calendar at the discretion of the administrative law judge
in response to a motion by a party or upon stipulation of the parties at any time after the initial order setting the complete petition calendar.