S.C. Code Regs. § § 9-100.221

Current through Register Vol. 48, No. 11, November 22, 2024

Section 9-100.221 - Prehearing, Settlement, and Other Conferences

A. With due regard for the convenience of all the parties, the Adjudicator may direct the parties to attend one or more conferences, prior to or during the course of the hearing, when the Adjudicator finds they are warranted. Reasonable notice of the time, place, and purpose of the conference(s) shall be given to the parties and other persons, if any, who are participating or seek to participate in the adjudication. A conference shall be held in person and on the record, unless the Adjudicator concludes that personal attendance by the Adjudicator and the parties is unwarranted or impractical; in this instance, the conference may be held by telephone or other appropriate means.

B. Parties shall come to all conferences fully prepared for a useful discussion of all issues involved in the conference, both procedural and substantive, and authorized to negotiate with respect thereto.

C. The Adjudicator may order that any or all of the following be addressed or furnished before, at, or after, the conference:

1. Motions to intervene and motions to appear as a limited participant;

2. Motions for consolidation or severance of parties or issues in the adjudication;

3. Method of service and filing;

4. Identification, simplification, and clarification of the issues;

5. Requests for amendment of filed documents;

6. Stipulations and admissions of fact and of the content and authenticity of documents;

7. A discussion of the desirability of limiting and grouping witnesses, so as to avoid duplication of expert witnesses;

8. Disclosure of the names of expert and other witnesses (together with a brief narrative summary of their expected testimony) and of documents or other physical exhibits that are intended to be introduced into evidence or used as testimonial aids;

9. A recommended schedule for the exchange of final witness lists, prepared testimony, and documents, with due regard for the convenience of the parties;

10. Requests for official notice and that particular matters be resolved by reliance upon the agency's substantive standards, regulations, and rules;

11. Offers of settlement;

12. Proposed date, time, and place of the hearing, with due regard for the convenience of all parties; and

13. Such other matters as may aid in the disposition of the adjudication.

D. A conference shall be recorded, unless otherwise directed by the Adjudicator, and made part of the adjudication record.

E. The Adjudicator may dispose of any procedural matters on which (s)he is authorized to rule during the course of the adjudication at the conference.

F. Actions taken as a result of a conference shall be reduced to writing, unless the Adjudicator concludes that a stenographic transcript will suffice or the Adjudicator elects to make a statement on the record at the hearing summarizing the actions taken.

S.C. Code Regs. § 9-100.221

Added by State Register Volume 22, Issue No. 6, Part 1, eff June 26, 1998.