Rule 13.  Prehearing Procedures, Statements and Conferences.

A.        Unless otherwise ordered by the administrative law judge, each party shall file with the administrative law judge and serve on each other party a prehearing statement in substantial compliance with the form as outlined in Appendix A to these rules.  Prehearing statements shall be filed and served no later than 20 days prior to the date set for hearing or such other date established by the administrative law judge.  Exhibits shall not be filed with prehearing statements, unless ordered by the administrative law judge.  Exhibits shall be exchanged between the parties by the date on which prehearing statements are to be filed and served or on such other date as ordered by the administrative law judge.

1.         The authenticity of exhibits, statutes, ordinances, regulations or standards set forth in the prehearing statement shall be admitted unless objected to in a written objection filed with the administrative law judge and served on other parties no later than 10 days prior to hearing.

2.         The information provided in a prehearing statement shall be binding on each party throughout the course of the hearing unless modified to prevent manifest injustice.  New witnesses or exhibits may be added only if the need to do so was not reasonably foreseeable at the time of filing of the prehearing statement and then only if it would not prejudice other parties or necessitate a delay of the hearing.  An agency shall use numbers to identify exhibits and any opposing party shall use letters.

3.         In the event of noncompliance with this rule, the administrative law judge may impose appropriate sanctions including, but not limited to, the striking of witnesses, exhibits, claims and defenses.

B.            Prehearing conferences may be held at the discretion of the administrative law judge, upon request by any party or upon the administrative law judge's own motion.  Any party may request a prehearing conference to address issues such as discovery, motions deadlines, scheduling orders and status conferences. 

C.        If a prehearing conference is held and a prehearing order is entered, the prehearing order will control the course of the hearing.