(1) Upon appointment to preside over a petition for a declaratory ruling, a member of the commission or the hearing examiner will fix the dates for a prehearing conference and hearing.

(2) The hearing examiner will conduct a prehearing conference using the procedures set forth in ARM 24.9.324. In addition, during the prehearing conference, the hearing examiner will determine the interests of persons seeking intervention or other participation in the hearing on the petition in accordance with ARM 24.9.407. The hearing examiner may exclude from the proceedings persons who do not seek intervention or request to participate in the hearing on or before the date of the prehearing conference. Persons excluded from the proceedings are not permitted to participate in any manner.

(3) The prehearing order which is prepared following a prehearing conference may address matters of evidence, including the introduction of scientific studies, the presentation of expert testimony, and facts which will be officially noticed.