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Washington Administrative Code (Last Updated: November 23, 2016) |
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Title 480. Utilities and Transportation Commission |
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Chapter 480-07. Procedural rules. |
Section 480-07-430. Prehearing conferences.
Latest version.
- (1) General. The commission may require, by written notice or by oral notice on the record of the hearing, that all parties and all persons who seek to intervene attend a prehearing conference. The following topics are proper subjects for discussion at a prehearing conference:(a) Identification and simplification of the issues;(b) The necessity or desirability of amendments to the pleadings;(c) The possibility of obtaining stipulations of fact and to documents that might avoid unnecessary proof;(d) Limitations on the number of witnesses;(e) Coordinated examination of witnesses;(f) Procedure at the hearing;(g) The need for, and timing of, distribution of written testimony and exhibits to the parties and the bench prior to the hearing;(h) Disposition of petitions for leave to intervene;(i) Resolution of discovery disputes;(j) Resolution of pending motions; and(k) Any other matters that may aid in the disposition of the proceeding, whether by commission decision or by settlement.(2) Notice. The commission will provide reasonable notice of the time and place established for a prehearing conference and the matters to be addressed. The notice may provide that failure to attend may result in a party being dismissed, being found in default, or the commission's refusal to consider a later petition for intervention except upon a showing of good cause for the failure to attend. A party's failure to attend a prehearing conference constitutes the party's waiver of all objections to any order or ruling arising out of the conference or any agreement reached at conference, unless the party shows good cause for its failure to attend.(3) Oral statement or written order. The presiding officer may make an oral statement on the record or may enter an order describing the actions taken at the prehearing conference and agreements among the parties concerning all of the matters considered. Parties may object to the oral statement on the record at the time the oral statement is made, or may object to any written prehearing conference order within ten days after the date the order is served. The results of the prehearing conference will control the course of the proceeding unless modified by subsequent order or decision of the presiding officer to accommodate the needs of the case.(4) Prehearing conferences to facilitate evidentiary hearing. The presiding officer may require parties to attend a prehearing conference prior to an evidentiary or other hearing session, or may recess an evidentiary or other hearing session to conduct a prehearing conference.