(a) In any proceeding, upon written notice by the executive director or board, or by the examiner on its own motion, or on the motion of a party, the parties, their attorneys or representatives may be directed to appear before the examiner at a specified time and place for a conference prior to the 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 annual reports, 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 of the proceedings, and the disposition of the matters in controversy, including settlement of such issues as are in dispute.
- (b) 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 title (relating to Agreements To Be in Writing).
- (c) A prehearing conference may be held by means of a conference telephone 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.