SECTION 67.45. Prehearing Conference

(a) In any Proceeding, upon prior written notice by the Executive Director, the Board or its designee or by the Examiner on his own motion, or on the motion of any Party, the Parties or their Authorized Representatives, any Parties and their Authorized Representatives may be directed to appear before the Examiner at a specified time and place for a conference prior to a hearing for the purpose of formulating issues and considering any of the following:

(1) the simplification of issues;

(2) the possibility of making admissions of certain averments of fact or stipulations concerning the use by any of the Parties of matters of public record, including, but not limited to such matters as Agency reports and other documents, in order to avoid the unnecessary introduction of proof;

(3) the procedure at a hearing;

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

(5) any other matters which may aid in the simplification or resolution of the Proceedings, and the disposition of the matters in controversy.

(b) A motion or notice under this section shall describe the subject matter of the conference with reasonable specificity.

(c) Action taken at the conference shall be recorded by the Examiner, unless the Parties enter into a written agreement as to such matters as permitted in §67.11 of this chapter (relating to agreements to be in writing.

(d) prehearing conference may be held by means of a telephone conference call.

Source Note: The provisions of this §67.45 adopted to be effective March 19, 1986, 11 TexReg 1149; amended to be effective January 10, 1999, 24 TexReg 165; amended to be effective September 14, 2006, 31 TexReg 7359