La. Admin. Code tit. 46 § LXX-12601

Current through Register Vol. 50, No. 11, November 20, 2024

Section LXX-12601 - Scheduling and Prehearing Conferences

A. Upon written notice and pursuant to La. R.S. 34:1122 (D)(3), a scheduling conference will be conducted by the Commission, Hearing Panel or Hearing Master between the parties or their attorneys or other representatives to establish a schedule for the proceeding, which may include discovery, motions, briefs, a hearing on the merits and proposed findings of fact and conclusions of law.

B. Following the scheduling conference, the Commission, Hearing Panel or Hearing Master shall serve on all parties a scheduling order which details the decisions and deadlines made at the scheduling conference.

C. Upon written notice by the Commission, Hearing Panel or Hearing Master in any proceeding, the parties or their attorneys or other representatives may be directed to meet and confer together by telephone or otherwise, before a specified time, prior to the hearing, and prior to the setting of a date for a hearing, for the purpose of formulating issues and considering:

1. the simplification of issues;

2. the possibility of making admissions of certain averments of fact or stipulations concerning the use by either or both parties of matters of public record, to the end of avoiding the unnecessary introduction of proof;

4. the simplification of procedures at the hearing;

5. the limitation, where possible, of the number of witnesses;

6. the time required for presentation;

7. such other matters as may aid in the simplification of the proceedings and the disposition of the matters in controversy.

D. Action taken at the conference shall be recorded in an appropriate statement by the parties, to be filed with the Commission, Hearing Panel or Hearing Master before the date specified. No matter for which a pre-hearing conference has been ordered by the Commission, Hearing Panel or Hearing Master shall be set for hearing unless the pre-hearing statement has been timely filed, unless the failure to do so is for good cause shown in writing. Applicants and petitioners shall bear the responsibility for filing the pre-hearing statement, and the failure of any party to cooperate in the preparation of it may result in his dismissal from the proceeding. In the event of disagreement over the terms of the pre-hearing statement, any party may file a separate statement setting forth the grounds for such disagreement.

La. Admin. Code tit. 46, § LXX-12601

Promulgated by the Office of the Governor, Pilotage Fee Commission, LR 32:621 (April 2006).

AUTHORITY NOTE: Promulgated in accordance with R.S. 49:967 and Pilotage Fee Commission Rule 60.