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(1) Upon written request of a party or by order of the hearing examiner, a prehearing conference may be conducted to:

(a) clarify the issues to be determined prior to or at the hearing;

(b) establish deadlines for matters including but not limited to:

(i) submission of prehearing evidence;

(ii) submission of post-hearing pleadings; and

(iii) submission of proposed findings of fact and conclusions of law;

(c) obtain stipulations regarding foundation for evidence including but not limited to expert witness testimony;

(d) hear argument and rule on prehearing motions and evidentiary objections;

(e) identify witnesses and exhibits;

(f) establish and review hearing procedures; and

(g) address other issues related to the hearing.

(2) Following a prehearing conference the hearing examiner shall issue an order reciting the matters addressed and documenting any action taken at the prehearing conference. The order shall control the subsequent course of the proceeding and hearing unless modified by order.

(3) A party who fails to appear at a prehearing conference without good cause waives the right to object to any matters set forth in the prehearing order.

History: 2-4-201, 85-2-113, MCA; IMP, 2-4-611, 2-4-612, MCA; NEW, 1984 MAR p. 697, Eff. 4/27/84; AMD, 1994 MAR p. 307, Eff. 2/11/94; AMD, 2014 MAR p. 2956, Eff. 12/12/14.

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