§ 158-391. Prehearing conference.

(a)

Upon written notice by the clerk at the request of the president or any three councilmembers or the presiding officer provided for under section 158-432, in any proceeding, the parties or their attorneys or other representatives may be directed to meet and confer together by telephone or otherwise, before a specified time, prior to the hearing, and prior to the setting of a date for a hearing, for the purpose of formulating issues and considering:

(1)

The simplification of issues;

(2)

The possibility of making admissions of certain averments of fact or stipulations concerning the use by either or both parties of matters of public record, such as annual reports and the like, to the end of avoiding the unnecessary introduction of proof;

(3)

The simplification of procedures at the hearing;

(4)

The limitation, where possible, of the number of witnesses;

(5)

The time required for presentation;

(6)

Such other matters as may aid in the simplification of the proceedings and disposition of the matters in controversy.

(b)

Action taken at the conference shall be recorded in an appropriate statement by the parties, to be filed with the clerk before the date specified. No matter for which a prehearing conference has been ordered by the council shall be set for hearing unless the prehearing statement has been timely filed, unless the failure to do so is for good cause shown in writing. Applicants and petitioners shall bear the responsibility for filing the prehearing statement, and the failure of any party to cooperate in the preparation of it, except for good cause shown, may result in his dismissal from the proceeding. Upon disagreement over the terms of the prehearing statement, any party may file a separate statement setting forth the grounds for such disagreement.

(Code 1956, § 52-120)