Authority: IC 4-21.5-7-7

Affected: IC 4-21.5-3-19; IC 4-21.5-3-35

Sec. 9. (a) In addition to IC 4-21.5-3-19, for prehearing conferences, the parties could be required to do the following:

1. (1) Set a date to exchange the following:

   1. (A) Witness lists that shall contain the names and addresses of all witnesses expected to be relied upon at the hearing, other than witnesses intended to be used solely for the purpose of impeachment or rebuttal as follows:

      1. (i) The names and addresses of witnesses discovered after the exchange of lists shall be furnished to the opposing party at once upon such discovery.
      2. (ii) Witnesses, whose names and addresses have not been exchanged, shall not be allowed to testify without permission of the presiding ELJ.
      3. (iii) The names of any witnesses to testify as experts shall be accompanied with a brief narrative summary of the witnesses' expected testimony.

   2. (B) Set a date for exchange of items intended to be offered as exhibits as follows:

      1. (i) Copies of exhibits discovered after such exchange shall be furnished to the opposing party forthwith upon such discovery.
      2. (ii) Documents and exhibits that have not been exchanged shall not be introduced into evidence without the permission of the presiding ELJ.
      3. (iii) The presiding ELJ shall allow the parties reasonable opportunity to review and respond to new evidence.

2. (2) Set a date for stipulations to be entered with parties stipulating to the fullest extent possible the following:

   1. (A) Issues.
   2. (B) Undisputed facts.
   3. (C) Authenticity and admissibility of exhibits.
   4. (D) Any and all other matters that will expedite the hearing by reducing formal proof.
3. (3) File a statement with the presiding ELJ as to all existing disputed issues of fact and law of the cause of action.
4. (4) Be prepared to discuss any presently contemplated or pending preliminary motions.

(b) No transcript of any prehearing conferences shall be made by the office unless:

1. (1) requested upon timely motion by a party; and
2. (2) ordered by the presiding ELJ.

(c) If no transcript is required, the parties have the option of conducting the prehearing conference by telephone. The party wishing to conduct the prehearing conference telephonically shall:

1. (1) contact the other parties;
2. (2) secure their agreement to conduct the prehearing conference by telephone; and
3. (3) notify the office at least one (1) business day in advance of the scheduled prehearing conference.

The party requesting the telephonic prehearing conference has the obligation of initiating the necessary phone calls. The party should have all the other parties on the telephone before contacting the ELJ.

(Office of Environmental Adjudication; 315 IAC 1-3- 9; filed Jun 2, 1998, 3:47 p.m.: 21 IR 3736; readopted filed Aug 11, 2004, 12:04 p.m.: 28 IR 323; filed Sep 16, 2005, 1:40 p.m.: 29 IR 474; readopted filed May 18, 2010, 1:45 p.m.: 20100602-IR-315100174RFA; readopted filed Apr 25, 2016, 2:08 p.m.: 20160518-IR- 315160051RFA; readopted filed Jul 19, 2022, 2:01 p.m.: 20220817-IR-315220160RFA)