SECTION 1.37. Prehearing Conference

(a) In a contested case, the presiding officer on his or her own motion or on the motion of a party, may direct the parties to appear before him or her at a specified time and place for a conference prior to the hearing for the purpose of formulating issues and considering:

(1) the simplification of issues;

(2) the possibility of making admissions of certain averments of fact or stipulations concerning the use by either or both parties of matters of public record;

(3) the procedure at a hearing;

(4) the limitation, where possible, of the number of witnesses; and

(5) such other matters as may aid in the simplification of the proceedings, and the disposition of the matters in controversy, including settlement of such issues as are in dispute.

(b) In addition to the matters specified in subsection (a) of this section, the presiding officer may require a party to identify all expert witnesses, to file narrative testimony of expert witnesses, and to file all statistical, financial, or technical exhibits at the prehearing conference.

(c) Action taken at the conference shall be recorded in an appropriate manner, unless the parties enter into a written agreement.

Source Note: The provisions of this §1.37 adopted to be effective January 1, 1976; amended to be effective July 13, 1984, 9 TexReg 3651.