Iowa Admin. Code r. 193-7.21 - [Effective until 8/14/2024] Prehearing conference and disclosures
(1) Any party may request a prehearing
conference. A written request for prehearing conference or an order for
prehearing conference on the presiding officer's own motion shall be filed not
less than ten days prior to the hearing date. A prehearing conference shall be
scheduled not less than five business days prior to the hearing date. The board
shall set a prehearing conference in all licensee disciplinary cases and
provide notice of the date and time in the notice of hearing. Written notice of
the prehearing conference shall be given by the board to all parties. For good
cause the presiding officer may permit variances from this rule.
(2) Each party shall disclose at or prior to
the prehearing conference:
a. A final list of
the witnesses who the party anticipates will testify at hearing. Witnesses not
listed may be excluded from testifying unless there was good cause for the
failure to include their names; and
b. A final list of exhibits which the party
anticipates will be introduced at hearing. Exhibits other than rebuttal
exhibits that are not listed may be excluded from admission into evidence
unless there was good cause for the failure to include them.
c. Witness or exhibit lists may be amended
subsequent to the prehearing conference within the time limits established by
the presiding officer at the prehearing conference. Any such amendments must be
served on all parties.
(3) In addition to the requirements of
subrule 7.21(2), the parties at a prehearing conference may:
a. Enter into stipulations of law or
fact;
b. Enter into stipulations on
the admissibility of exhibits;
c.
Identify matters which the parties intend to request be officially
noticed;
d. Enter into stipulations
for waiver of any provision of law; and
e. Consider any additional matters which will
expedite the hearing.
(4)
Prehearing conferences shall be conducted by telephone unless otherwise
ordered. Parties shall exchange and receive witness and exhibit lists in
advance of a telephone prehearing conference. Unless otherwise provided in the
order setting a prehearing conference, the prehearing conference shall be
conducted by an administrative law judge.
(5) The parties shall exchange copies of all
exhibits marked for introduction at hearing in the manner provided in subrule
7.26(4) no later than three business days in advance of hearing, or as ordered
by the presiding officer at the prehearing conference.
Notes
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