1. (1) The Presiding Officer may require the parties to appear for a preliminary conference prior to granting a request for a hearing or prior to the scheduled commencement of a hearing or at any time before issuing a Final Judgment and Order.

2. (2) The purpose of a preliminary conference is to consider any or all of the following:

   1. (a) The simplification or clarification of the issues;
   2. (b) The possibility of obtaining stipulations, admissions, agreements on documents, understandings on matters already of record, or similar agreements which shall avoid unnecessary proof;
   3. (c) The limitation of the number of witnesses or avoidance of similar cumulative evidence, if the case is to be heard;
   4. (d) The possibility of agreement disposing of all or any of the issues in dispute; or
   5. (e) Such other matters as may aid in the efficient and equitable disposition of the adjudicative enforcement proceeding.

3. (3) If a request for hearing has been timely and properly filed and has not been denied, all parties shall prepare and exchange the following information at the initial preliminary conference:

   1. (a) Names and addresses of prospective witnesses including proposed areas of expertise for expert witnesses;
   2. (b) A brief summary of proposed testimony;
   3. (c) A time estimate of each witness' direct testimony;
   4. (d) Curricula vitae (resumes) of all prospective expert witnesses.
4. (4) The scheduling of a preliminary conference shall be solely within the discretion of the Presiding Officer.
5. (5) The Presiding Officer shall give all parties at least three (3) days notice of the preliminary conference.
6. (6) The notice shall include the date, time and place of the preliminary conference.

KEY: water rights, enforcement, administrative penalties

Date of Last Change: February 10, 2009

Notice of Continuation: October 22, 2024

Authorizing, and Implemented or Interpreted Law: 73-2-1(4)(g); 73-2-25; 73-2-26; 73-3-25