Sec.13b-17-147a. Advance submission of proposed evidence

(a) A party or intervenor shall, regardless of whether a prehearing conference is held, and unless an earlier filing is required by the presiding officer, or a later filing is allowed for good cause shown, file with the agency, no later than seven (7) days prior to the hearing an original and four (4) copies of all prepared testimony and/or exhibits and documents intended to be introduced as evidence in a hearing by any party or intervenor.

(b) A party or intervenor shall not call any witness as an expert witness unless such expert has been disclosed seven (7) days prior to the hearing. Said disclosure shall include his education, experience and the subject matter on which he will testify.

(c) At the time the party or intervenor files the proposed evidence with the agency, he shall serve a copy thereof on all of those who have petitioned the agency for party or intervenor status.

(d) The commissioner may admit into evidence any document or testimony which was not submitted or identified prior to the hearing in accordance with subsection (a) of this section, upon a showing of good cause as to why the evidence was not prefiled as required by said subsection (a). If the commissioner admits such document or testimony, he may grant a continuance to any party or intervenor prejudiced thereby.

(e) Nothing in this section shall require the agency to submit evidence to the respondent in advance of the date of a hearing on a citation.

(Adopted effective October 6, 1997)