(1) The board, upon its own motion or upon request of a party, may conduct a prehearing conference or conferences to consider:
(a) Simplification of issues;
(b) The necessity or desirability of amendments to the pleadings;
(c) The possibility of obtaining stipulations, admissions of fact and admissions of the genuineness of documents which will avoid unnecessary proof;
(d) Limitations on the number and consolidation of the examination of witnesses;
(e) Procedural matters;
(f) Dates by which the parties must provide documentary evidence to the board and to other parties;
(g) The method for identifying exhibits and other attachments to briefs, motions, and other pleadings;
(h) The number of copies of documentary evidence, briefs, motions and other pleadings to be submitted to the board; and
(i) Such other matters as may aid in the disposition or settlement of the proceeding.
(2) Prehearing conferences may be held by teleconference or at a time and place specified by the presiding officer.
(3) Following the prehearing conference, the board shall issue an order reciting the action taken at the conference, and the agreements made by the parties concerning all of the matters considered. The order shall control the subsequent course of the proceeding unless modified for good cause by subsequent order.
(4) Documentary evidence not submitted in accordance with the prehearing conference order may not be received in evidence in the absence of a clear showing that the offering party had good cause for the failure to comply with the order.
(5) Nothing in this rule shall be construed to limit the right of the parties to attempt settlement at any time.
[Statutory Authority: RCW
82.03.170. WSR 05-13-141, § 456-09-540, filed 6/21/05, effective 8/1/05; WSR 95-05-033 (Order 95-01), § 456-09-540, filed 2/8/95, effective 3/11/95; WSR 89-10-056 (Order 89-02), § 456-09-540, filed 5/2/89.]