(A) In any proceeding, the commission, the
legal director, the deputy legal director, or an
attorney examiner
ALJ
may, upon motion of any party or upon their own motion, hold one or more
prehearing conferences for the purpose of:
(1) Resolving outstanding discovery matters,
including:
(a) Ruling on pending motions to
compel discovery or motions for protective orders.
(b) Establishing a schedule for the
completion of discovery.
(2) Ruling on any other pending procedural
motions.
(3) Identifying the
witnesses to be presented in the proceeding and the subject matter of their
testimony.
(4) Identifying and
marking exhibits to be offered in the proceeding.
(5) Discussing possible admissions or
stipulations regarding issues of fact or the authenticity of
documents.
(6) Clarifying and/or
settling the issues involved in the proceeding.
(7) Discussing or ruling on any other
procedural matter
which
that the commission or the presiding hearing
officer considers appropriate.
(B) Reasonable notice of any prehearing
conference
shall
will be provided to all parties
when possible. Unless otherwise ordered for good
cause shown, the failure of a party to attend a prehearing conference
constitutes a waiver of any objection to the agreements reached or rulings made
at such conference.
(C) Prior to a
prehearing conference, the commission, the legal director, the deputy legal
director, or the
attorney examiner
ALJ assigned to the case may, upon motion of any
party or upon their own motion, require that all parties to the proceeding file
with the commission and serve upon all other parties a list of the issues the
party intends to raise at the hearing. Issues must be specifically identified
and described and the presiding hearing officer may, upon motion of any party
or upon his or her own motion, strike issues which do not meet this
requirement. In any proceeding in which lists of issues are required, no party
shall
may be
permitted to raise an issue at hearing that was not set forth in its list,
except for good cause shown.
(D)
Following the conclusion of a prehearing conference, the commission, the legal
director, the deputy legal director, or the
attorney
examiner
ALJ may issue an appropriate
prehearing order, reciting or summarizing any agreements reached or rulings
made at such conference. Unless otherwise ordered for good cause shown, such
order
shall be
is binding upon all persons who are or subsequently
become parties, and
shall control
controls the subsequent course of the
proceeding.
(E) Evidence of (1)
furnishing or offering or promising to furnish, or (2) accepting or offering or
promising to accept a valuable consideration in compromising or attempting to
compromise a disputed matter in a commission proceeding is not admissible to
prove liability for or invalidity of the dispute. Evidence of conduct or
statements made in compromise negotiations is likewise not admissible. This
rule does not
require the exclusion
exclude
of any
evidence otherwise discoverable merely because it is presented in the course of
compromise negotiations. This rule also does not
require exclusion when the
exclude evidence
is
if offered for
another valid purpose.
(F) If a conference is scheduled to
discuss settlement of the issues in a complaint case, the representatives of
the public utility shall investigate prior to the settlement conference the
issues raised in the complaint and all parties attending the conference shall
be prepared to discuss settlement of the issues raised and shall have the
requisite authority to settle those issues.
Notes
Ohio Admin. Code 4901-1-26
Effective:
4/11/2024
Five Year Review (FYR) Dates:
1/25/2024 and
04/11/2029
Promulgated
Under: 111.15
Statutory Authority: 4901.13
Rule
Amplifies: 4901.13, 4901.18
Prior Effective Dates: 03/01/1981,
06/01/1983, 07/18/1985, 12/25/1987, 04/20/2001,
05/07/2007