§ 1471.7 - Conduct of hearing and prehearing conference.  


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  • § 1471.7 Conduct of hearing and prehearing conference.

    (a) A designated representative of the Panel, when so appointed to conduct a hearing, shall have the authority on behalf of the Panel to:

    (1) Administer oaths, take the testimony or deposition of any person under oath, receive other evidence, and issue subpoenas;

    (2) Conduct the hearing in open or in closed session at the discretion of the designated representative for good cause shown;

    (3) Rule on motions and requests for appearance of witnesses and the production of records;

    (4) Designate the date on which posthearing briefs, if any, shall be submitted (an original and one (1) copy of each brief, accompanied by a statement of service, shall be submitted to the designated representative of the Panel with a copy to the other party); and

    (5) Determine all procedural matters concerning the hearing, including the length of sessions, conduct of persons in attendance, recesses, continuances, and adjournments; and take any other appropriated procedural action which, in the judgment of the designated representative, will promote the purpose and objectives of the hearing.

    (b) A prehearing conference may be conducted by the designated representative of the Panel in order to:

    (1) Inform the parties of the purpose of the hearing and the procedures under which it will take place;

    (2) Explore the possibilities of obtaining stipulations of fact;

    (3) Clarify the positions of the parties with respect to the issues to be heard; and

    (4) Discuss any other relevant matters which will assist the parties in the resolution of the dispute.

    (c) An official reporter shall make the only official transcript of a hearing. Copies of the official transcript may be examined and copied at the Office of the Executive Director in accordance with part 1411 of this chapter.