Current through Register Vol. 41, No. 14, April 7, 2022
In any matter
pending before the commission and not governed by the KAPA, the attorneys for
the parties to appear before the commission for a prehearing conference may be
directed by the commission at its discretion or on the request of any party to
consider any of the following:
simplification of the issues;
the trial of issues of law, the determination of which may eliminate or affect
the trial of issues of fact;
the necessity or desirability of amendments to the pleadings;
(4) the possibility of obtaining admissions
of fact and of documents that will avoid unnecessary proof;
(5) the limitation of the number of expert
(6) the advisability of
a preliminary reference of issues of fact to an examiner or an investigator
appointed by the commission; or
(7) any other matters that may aid in the
disposition of the proceeding.
(b) Preliminary reference. If in the course
of a prehearing conference any issues are referred to a presiding officer or an
investigator appointed by the commission, the findings of fact of the presiding
officer or investigator shall be reduced to writing, filed as an exhibit, and
admitted into evidence at the hearing.
(c) Prehearing order. A prehearing order
shall be made to reflect the action taken at the prehearing conference, any
amendments allowed to the pleadings, and any agreements by the parties relating
to any of the matters considered at the prehearing conference. Any agreements
by the parties or their attorneys that limit the issues for trial to those not
disposed of by admissions or agreements of counsel shall be in writing and
shall be filed. The preliminary order, when entered, shall control the
subsequent course of the proceeding, unless modified by the commission to
prevent manifest injustice. A calendar on which proceedings may be placed for
consideration at prehearing conferences may be published by the commission at
its discretion, or the attorneys for the parties may be summoned, or the
parties themselves, or both, to a prehearing conference upon notice as may be
deemed reasonable by the commission.
Kan. Admin. Regs. §
Authorized by and
implementing K.S.A. 2001 Supp.
55-704, K.S.A. 2001 Supp.
66-106; effective Jan. 1, 1977;
amended July 23, 1990; amended Oct. 10, 2003.