Sec.36a-1-41. Conferences

(a) Prior to the hearing, the parties, the department and their counsel or representative may meet with the presiding officer, at the direction of the presiding officer or by mutual consent, in person at a specified time and place or confer with the presiding officer by telephone for the purpose of scheduling the course and conduct of the proceeding. The identification of potential witnesses, the time for and manner of inspecting and copying documents, and the exchange of any prehearing materials including witness lists, exhibits and any other materials may also be determined at the scheduling conference.

(b) The presiding officer may, in addition to the scheduling conference, upon motion by the presiding officer, any party or the department, order the parties, the department and their counsel or representative to meet with the presiding officer in person or by telephone at a prehearing conference or may recess the hearing to address any or all of the following:

(1) Simplification and clarification of the issues;

(2) Exchange of witness and exhibit lists and copies of exhibits;

(3) Stipulations, admissions of fact, and the contents, authenticity and admissibility into evidence of documents;

(4) Matters of which official notice may be taken pursuant to section 4-178 of the Connecticut General Statutes and subsection (e) of section 36a-1-46 of the Regulations of Connecticut State Agencies;

(5) Issues relating to witnesses and exhibits;

(6) Summary disposition of any and all issues;

(7) Resolution of document production issues or disputes;

(8) Amendments to pleadings; and

(9) Such other matters as may aid in the orderly disposition of the proceeding.

(c) At or within a reasonable time following the conclusion of the scheduling conference or any prehearing conference, the presiding officer may serve on each party and the department an order setting forth any agreements reached and any procedural determinations made. If the presiding officer has ordered a party to disclose all witnesses or exhibits, no witness may testify and no exhibit may be introduced at the hearing if such witness or exhibit was not disclosed pursuant to such order, unless the presiding officer allows a party or the department sufficient time to prepare in light of the undisclosed witness or exhibit.

(d) Following any discussion among the presiding officer, the parties and the department addressing any issues in a contested case that occurs during a hearing recess, the presiding officer shall place the substance of the communication on the record including any action taken and any agreements made by the parties and the department as to any matters that were discussed.

(Adopted effective August 31, 2004)