49 Pa. Code § 19.36 - Prehearing statements
(a)
Filing of prehearing statement. Each party to a protest shall
file a prehearing statement in accordance with the scheduling order.
(b)
Content of prehearing
statement. A prehearing statement must contain:
(1) A concise statement of the facts that
will be offered by oral or documentary evidence at the hearing and a statement
of any unusual questions of evidence anticipated with respect to the proof of
such facts.
(2) A statement of any
questions of law anticipated with respect to the issues in the case. The
questions shall be presented with a statement of authority supporting the
position taken.
(3) The names and
addresses of all persons who may be called as witnesses. The identification of
a witness does not create any obligation to call the witness or to procure the
witness's attendance at the hearing.
(4) The report and curriculum vitae of any
expert whose opinion will be offered into evidence at the time of hearing. The
report must include the findings and conclusions of the expert.
(5) A list of all exhibits and copies of the
exhibits that a participant intends to use at the hearing.
(6) An estimate of the length of time that
will be required to present the party's case in chief.
(c)
Sanctions. Failure to
file a prehearing statement as required by this section and within the time
specified in the scheduling order may subject a party to sanctions, including
being precluded from presenting evidence.
(d)
Supplement. A party may
supplement its prehearing statement at any time prior to the prehearing
conference. A party may not present any documentary evidence or the testimony
of any witness not listed in its prehearing statement, as supplemented, except
upon good cause shown.
Notes
The provisions of this § 19.36 issued under sections 4(a)(9), 8, 11, 13 and 27 of the Board of Vehicles Act (63 P. S. §§ 818.4(a)(9), 818.8, 818.11, 818.13 and 818.27).
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