§ 42-17.7-5. Pre-hearing procedure — Depositions — Exhibits — Formulating issues — Other procedures.
(a) Prior to the commencement of any hearing, the hearing officer may in the hearing officer's
discretion direct the parties or their attorneys to appear before the hearing officer
for such conferences as shall be necessary. At such conferences the hearing officer
may order any party to file, prior to the commencement of any formal hearing, any
exhibits the party intends to use in the hearing and the names and addresses of witnesses
the party intends to produce in its direct case together with a short statement of
the testimony of each witness
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§ 42-17.7-5. Pre-hearing procedure — Depositions — Exhibits — Formulating issues — Other procedures.
(a) Prior to the commencement of any hearing, the hearing officer may in the hearing officer's
discretion direct the parties or their attorneys to appear before the hearing officer
for such conferences as shall be necessary. At such conferences the hearing officer
may order any party to file, prior to the commencement of any formal hearing, any
exhibits the party intends to use in the hearing and the names and addresses of witnesses
the party intends to produce in its direct case together with a short statement of
the testimony of each witness. Following entry of such an order, a party shall not
be permitted, except in the discretion of the hearing officer, to introduce into evidence
in said party's direct case exhibits that are not filed in accordance with the order.
At such conference, the hearing officer may designate a date before which the hearing
officer requires any party to specify what issues are conceded and further proof of
conceded issues shall not be required. The hearing officer shall also require the
parties to simplify the issues, to consider admissions of fact and of documents that
will avoid unnecessary proof, and to limit the number of expert witnesses. The hearing
officer shall enter an order reciting the concessions and agreements made by the parties,
and shall enter an order on such other matters as are pertinent to the conduct of
the hearing, and, unless modified, the hearing shall be conducted by the order.
(b) The hearing officer may also order the parties to file prior to the commencement of
any hearing the testimony of any or all of their respective witnesses and to submit
such testimony to the hearing officer and the opposing party or the opposing counsel
by such date as the hearing officer shall determine. The witness shall testify under
oath, and all of such testimony shall be in a question and answer format. Save for
good cause shown, said testimony shall be the direct examination of said witness;
provided, however, that said witness shall be available at the hearing for cross-examination
by the opposing party or opposing counsel.
(c) The director with the assistance of the chief hearing officer shall promulgate by
regulation such other pre-hearing procedures and/or hearing procedures as deemed necessary
including the use of portions of the superior court civil rules of discovery where
they are not inconsistent with the applicable provisions of the Administrative Procedures
Act, chapter 35 of this title.