§ 4-21.5-3-19 — Prehearing conference; electronic means; matters considered; prehearing order on pleadings

Indiana § 4-21.5-3-19

• Jurisdiction: Indiana
• Art. 21.5: ADMINISTRATIVE ORDERS AND
• Ch. 3: Adjudicative Proceedings

Text

(a) This section and section 18 of this
chapter apply to prehearing conferences.
(b) To expedite a decision on pending motions and other issues, the
administrative law judge may conduct all or part of the prehearing
conference by telephone, television, or other electronic means if each
participant in the conference has an opportunity:
(1) to participate in;
(2) to hear; and
(3) if technically feasible, to see;
the entire proceeding while it is taking place.
(c) The administrative law judge shall conduct the prehearing
conference, as may be appropriate, to deal with such matters as the
following:
(1) Resolution of the issues in the proceeding under section 23 of
this chapter.
(2) Exploration of settlement possibilities.
(3) Preparation of stipulations.
(4) Clarification of issues.
(5) Rulings on identity and limitation of the number of witnesses.
(6) Objections to proffers of evidence.
(7) A determination of the extent to which direct evidence,
rebuttal evidence, or cross-examination will be presented in
written form.
(8) The order of presentation of evidence and cross-examination.
(9) Rulings regarding issuance of subpoenas, discovery orders,
and protective orders.
(10) Such other matters as will promote the orderly and prompt
conduct of the hearing.
The administrative law judge shall issue a prehearing order
incorporating the matters determined at the prehearing conference.
(d) If a prehearing conference is not held, the administrative law
judge for the hearing may issue a prehearing order, based on the
pleadings, to regulate the conduct of the proceedings.

Legislative History

As added by P.L.18-1986, SEC.1.