Section 101.08 - Pre-hearing Procedures(1)Pre-hearing Conferences. The Presiding Officer may hold one or more pre-hearing conferences before or after the initial hearing, but before the date set for the start of cross-examination. No more than ten days before the date of the initial hearing, the Presiding Officer may hold a pre-hearing conference to develop a schedule for the conduct of the Proceeding. The Presiding Officer may also direct the Parties to confer with him or her, or with each other to consider: (a) simplification of issues;(b) the possibility of obtaining stipulations or admissions of fact and agreements about documents to avoid unnecessary proof;(c) limits on the number of expert witnesses;(d) stipulations as to the qualifications of experts;(e) limits on the time to be allowed for cross-redirect, and recross-examination;(f) rulings as to evidentiary disputes; and(g) other matters as may aid in the prompt disposition of the Proceeding. After a pre-hearing conference, the Presiding Officer may issue an order regarding the scheduling of the Proceeding, which shall remain in place unless modified by the Presiding Officer.
(2)Discovery.(a) The Parties are encouraged to engage in voluntary discovery. Any Party to a Proceeding may request any other Party to produce or make available any documents or tangible things, not privileged and not previously supplied, which are in the possession, custody or control of the Party to whom the request is made. Requests may be served on a Party after submission of its Rate Filing or Responsive Filing and shall set forth the items to be provided with reasonable particularity. Additional forms of discovery may be allowed, for good cause shown, at the discretion of the Presiding Officer.(b) The Party receiving a discovery request shall respond within ten days unless the Presiding Officer establishes a different time period. The State Rating Bureau, in responding to requests for documents, shall be entitled to the fee per page for copies as set from time to time by the Executive Office for Administration and Finance. Parties are expected to attempt in good faith to resolve any disputes relating to discovery requests or the responses made to such requests. If they are unable to resolve their differences within five days of receiving a request for discovery or an allegedly insufficient response to a request for discovery, the affected Party may, as appropriate, file objections to a request for discovery, move for a protective order, or move to compel discovery. The Presiding Officer may, in his or her discretion, hold a hearing on the objections or motion. The Presiding Officer may issue protective orders to protect a Party from annoyance, embarrassment, oppression or undue burden or expense, or to prevent undue delay in the Proceeding. The Presiding Officer may order a Party to comply with a discovery request and may, where justice requires, order limits on the scope, method, time and place for discovery and provisions for protecting confidential or privileged information or documents.