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Title 18 . Environmental Conservation
Chapter 95 . Administrative Enforcement
Section 80. Prehearing conference

18 AAC 95.080. Prehearing conference

(a) If the hearing officer determines that a prehearing conference will aid disposition of the case, he shall notify the parties no later than seven days before the scheduled date of the hearing of the date, time and location of the conference. The conference shall be held no later than two days before the hearing.

(b) At the conference, the hearing officer may make any order or ruling necessary or appropriate regarding

(1) the identification and simplification of disputed issues of fact and law;

(2) the entry of stipulations of fact and documents, and the exclusion of irrelevant or unduly repetitive matters;

(3) matters of which official notice will be permitted to be taken;

(4) scheduling an onsite inspection;

(5) accepting, on good cause shown, supplements to the discovery responses submitted under secs. 70(b) and (c) of this chapter (specifically including rebuttal evidence by the prosecuting office);

(6) limitation of the number of expert and other witnesses;

(7) procedure at the hearing; or

(8) any other matter that may expedite the hearing or aid in the disposition of the proceeding.

(c) No transcript or recording of any prehearing conference will be made unless a request for one by one of the parties is granted by the hearing officer. Except for good cause shown, the requesting party shall bear the cost of the taking of the transcript or recording. The hearing officer shall prepare and file for the record a prehearing order, which must incorporate any stipulations or agreements made by the parties at or as a result of the conference and all rulings upon matters considered at the conference.

History: Eff. 7/24/77, Register 63

Authority: AS 46.03.020 (10)

AS 46.03.850


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Last modified 7/05/2006