PURPOSE: This rule establishes specific requirements needed to set prehearing conferences.

1. (1) The hearing officer shall have the authority to set prehearing conferences for hearings in which the officer deems a conference to be helpful or desirable in expediting any hearing.

   1. (A) All prehearing conferences will be held by the order of the hearing officer with reasonable notice of time and place for a conference to parties of the hearings.
   2. (B) Parties or counsels who will actually participate in the hearing shall be present at all prehearing conferences unless excused by the hearing officer. All parties to the hearing may appear in person or with counsels at any prehearing conference.

2. (2) The parties or their counsels in attendance at prehearing conferences shall be prepared to discuss all of the following items:

   1. (A) The simplification of issues;
   2. (B) The necessity or desirability of consolidating any issues which are the subject of a different request for hearing under these rules to avoid needless duplication and additional expenses of parties. The hearing officer shall have the authority to consolidate hearings and, on consent, hold hearings for multiple licensees;
   3. (C) The possibility of obtaining admissions of fact or the admissibility of any documents or evidence;

   4. (D) Thelimitation of thenumber of expert or character witnesses and the identification of witnesses.

      1. 1. The hearing officer shall have the

authority to order the exchange of lists of proposed witnesses who may be called in a party’s case-in-chief. 2. If witness lists are ordered exchanged, no witness may be called in the case-in-chief who is not on the witness list; (E) Any prehearing motion filed in the case; (F) The timing of discovery not yet completed and a date beyond which discovery may no longer be used; (G) The anticipated length of the hearing and the time and location of the hearing; and (H) Other matters necessary or desirable in the disposition of the hearing. (3) The hearing officer may issue orders after a prehearing conference concerning any subject discussed and may set forth facts over which there is not substantial dispute. The order shall be binding on the parties and shall foreclose evidence on the issues excluded or facts found. 12 CSR 60-4 (4) The parties may enter into stipulations as to some or all of the facts either as a result of the preheating conference or otherwise. That stipulation shall not preclude the offering of additional evidence by any party unless an order under section (3) of this rule is entered. Parties may also stipulate to a violation and suspension for any period as a result of a prehearing conference or otherwise. If a suspension is stipulated, the hearing officer shall enter a consent order in accordance with the stipulation and shall vacate the notice of formal hearing. All stipulations under this section shall be signed by the party and all attorneys of record as well as the hearing officer. Auth: section 301.553, RSMo (Cum. Supp. 1989).* Original rule filed July 10, 1989, ejjectiue Sept. 28, 1989. Amended: Filed April 18, 1990, effective June 28, 1990.

*Original authority 1988, amended 1989.