(a)
- (1) Prior to the hearing, the parties, the State Securities Department, and their counsel may meet with the Securities Commissioner, at the direction of the commissioner or by mutual consent, in person at a specified time and place, or confer with the commissioner by telephone for the purpose of scheduling the course and conduct of the proceeding.
- (2) The identification of potential witnesses, the time for and manner of inspecting and copying documents, and the exchange of any prehearing materials including witness lists, exhibits, and any other materials may also be determined at the scheduling conference.
(b) The commissioner may, in addition to the scheduling conference, upon motion by any party or the department, order the parties, the staff, and their counsel to meet with the commissioner in person or by telephone at a prehearing conference or may recess the hearing to address any or all of the following:
- (1) Simplification and clarification of the issues;
- (2) Exchange of witness and exhibit lists and copies of exhibits;
- (3) Stipulations, admissions of fact, and the contents, authenticity, and admissibility into evidence of documents;
- (4) Matters of which official notice may be taken;
- (5) Issues relating to witnesses and exhibits;
- (6) Summary disposition of any and all issues;
- (7) Resolution of document production issues or disputes;
- (8) Amendments to pleadings; and
- (9) Such other matters as may aid in the orderly disposition of the proceeding.
(c)
- (1) At or within a reasonable time following the conclusion of the scheduling conference or any prehearing conference, the commissioner may serve on each party and the staff an order setting forth any agreements reached and any procedural determinations made.
- (2) If the commissioner has ordered a party to disclose all witnesses or exhibits, no witness may testify and no exhibit may be introduced at the hearing if such witness or exhibit was not disclosed pursuant to such order, unless the commissioner allows a party or the staff sufficient time to prepare in light of the undisclosed witness or exhibit.
- (d) Following any discussion among the commissioner, the parties, and the staff addressing any issues in a contested case that occurs during a hearing recess, the commissioner shall place the substance of the communication on the record including any action taken and any agreements made by the parties and the staff as to any matters that were discussed.