7 Del. Admin. Code § 105-3.0

Current through Register Vol. 28, No. 4, October 1, 2024

Section 105-3.0 - Pre-hearing Conference

3.1 At least twenty (20) days prior to the hearing date, the attorney to the Board shall conduct a pre-hearing conference by telephone or in person.

The purpose of the conference is to:

3.1.1 Determine the extent to which the appellant and the Department may agree about facts in the appeal;

3.1.2 Identify the witnesses each party will call at the hearing and to receive a brief summary of the testimony the witnesses will present;

3.1.3 Identify all documents which the parties intend to introduce at the hearing;

3.1.4 Resolve any and all procedural matters;

3.1.5 Generally inform the Board and the parties about the substance of the hearing; and

3.1.6 Identify issues.

3.2 No fewer than ten (10) days prior to the date set for the pre-hearing conference, the Department of Natural Resources and the appellant shall submit to the Board's attorney and to each other, a list of the witnesses they intend to call at the hearing and a list of the documents, including relevant portions of those documents, and other evidence which they intend to submit into evidence at the hearing. These lists shall be finalized at the pre-hearing conference.

3.3 The parties shall submit final witness and document lists and shall raise all objections to such witnesses and documents at the pre-hearing conference.

3.4 Witnesses not identified at the pre-hearing conference shall be permitted to testify only upon showing a reasonable cause for such omission. Documents and other evidence not identified at the pre-hearing conference will not be allowed at the hearing unless the party offering the document or other evidence makes a showing of reasonable cause for failure to identify the document or other evidence. Provided, however, that documents, testimony, and other evidence not identified at the pre-hearing conference may be introduced for purposes of rebuttal and surrebuttal only, at the discretion of the Board.

3.5 After the pre-hearing conference, the Board's attorney may provide the Board members with the list of witnesses, documents, as well as a memo summarizing the issues on appeal.

3.6 The Board may issue subpoenas to 7 Del.C. § 6006 (3). If either party wishes the Board to issue a subpoena to compel the attendance of a witness for the hearing, such party shall provide the Board's Administrative Assistant with the names and addresses of potential witnesses or documents no later than fifteen (15) days before the date of the hearing. The Board will subpoena witnesses and documents only upon a timely receipt of a subpoena request.

3.7 No other discovery shall be taken except by consent of all of the parties.

7 Del. Admin. Code § 105-3.0