otherwise ordered by the hearing officer, each party to a contested case shall
file and serve on all other parties and the hearing officer a prehearing
disclosure statement setting forth:
complete list of all witnesses who will or may testify, together with
information on how that witness may be contacted and a brief description of the
testimony the witness is expected to give in the case. If a deposition is to be
offered into evidence, the original shall be filed with the referring agency,
with a copy provided to the hearing officer or adjudicative agency;
(ii) a statement of the specific claims,
defenses, and issues which the party asserts are before the hearing officer for
(iii) a statement of the
burden of proof to be assigned in the contested case with reference to specific
regulatory, statutory, constitutional, or other authority established by
relevant case law;
(iv) a statement
identifying stipulated facts. If the parties are unable to stipulate to facts,
the parties shall indicate what efforts have been made to stipulate to facts
and the reasons facts cannot be stipulated; and
(v) a complete list and copies of all
documents, statements, etc., which the party will or may introduce into
shall file and serve prehearing disclosure statements on or before the date
established by the hearing officer.
(c) The information provided in a prehearing
disclosure statement shall be binding on each party throughout the course of
the contested case unless modified for good cause.
(d) Additional 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 disclosure statement, it would not unfairly prejudice
other parties, and good cause is shown.
(e) The hearing officer may modify the
requirements of a prehearing disclosure statement.
(f) Failure to file a prehearing disclosure
statement may result in the hearing officer's striking of witnesses, exhibits,
claims and defenses, or dismissal of the contested case.
(g) If a prehearing order is entered, the
prehearing order shall control the course of the hearing.