333 - Prehearing procedures.

     § 333.  Prehearing procedures.        (a)  Conferences.--The presiding officer shall have the     authority to hold one or more prehearing conferences during the     course of the proceeding on his own motion or at the request of     a party to the proceeding. The presiding officer shall normally     hold at least one prehearing conference in proceedings where the     issues are complex or where it appears likely that the hearing     will last a considerable period of time. In addition to other     matters which the commission may prescribe by rule, the     presiding officer at a prehearing conference may direct the     parties to exchange their evidentiary exhibits and witness lists     prior to the hearing. Where good cause exists, the parties may     at any time amend, by deletion or supplementation, their     evidentiary exhibits and witness lists.        (b)  Depositions.--A party to the proceeding shall be able to     take depositions of witnesses upon oral examination or written     questions for purposes of discovering relevant, unprivileged     information, subject to the following conditions:            (1)  The taking of depositions shall normally be deferred        until there has been at least one prehearing conference.            (2)  The party seeking to take a deposition shall apply        to the presiding officer for an order to do so.            (3)  The party seeking to take a deposition shall serve        copies of the application on the other party or parties to        the proceedings, who shall be given an opportunity, along        with the deponent, to notify the presiding officer of any        objections to the taking of the deposition.            (4)  The presiding officer shall not grant an application        to take a deposition if he finds that the taking of the        deposition would result in undue delay.            (5)  The presiding officer shall otherwise grant an        application to take a deposition unless he finds that there        is not good cause for doing so.            (6)  The deposing of a commission employee shall only be        allowed upon an order of the presiding officer based on a        specific finding that the party applying to take the        deposition is seeking significant, unprivileged information        not discoverable by alternative means. Any such order shall        be subject to an interlocutory appeal to the commission.            (7)  An order to take a deposition shall be enforceable        through the issuance of a subpoena ad testificandum.        (c)  Disclosure of information on witnesses.--At the     prehearing conference or at some other reasonable time prior to     the hearing, which may be established by commission rule, each     party to the proceeding shall make available to the other     parties to the proceeding the names of the witnesses he expects     to call and the subject matter of their expected testimony.     Where good cause exists, the parties shall have the right at any     time to amend, by deletion or supplementation, the list of names     of the witnesses they plan to call and the subject matter of the     expected testimony of those witnesses.        (d)  Interrogatories.--Any party to a proceeding may serve     written interrogatories upon any other party for purposes of     discovering relevant, unprivileged information. A party served     with interrogatories may, before the time prescribed either by     commission rule or otherwise for answering the interrogatories,     apply to the presiding officer for the holding of a prehearing     conference for the mutual exchange of evidence exhibits and     other information. Each interrogatory which requests information     not previously supplied at a prehearing conference or hearing     shall be answered separately and fully in writing under oath,     unless it is objected to, in which event the reasons for the     objections shall be stated in lieu of an answer. The party upon     whom the interrogatories have been served shall serve a copy of     the answers and objections within a reasonable time, unless     otherwise specified, upon the party submitting the     interrogatories. The party submitting the interrogatories may     petition the presiding officer for an order compelling an answer     to an interrogatory or interrogatories to which there has been     an objection or other failure to answer. The commission shall     designate an appropriate official, other than the Director of     Trial Staff or any other employee of the Office of Trial Staff,     on whom other parties to the proceeding may serve written     interrogatories directed to the commission. That official shall     arrange for agency personnel with knowledge of the facts to     answer and sign the interrogatories on behalf of the commission.     Interrogatories directed to the commission shall be allowed only     upon an order of the commission based upon a specific finding     that the interrogating party is seeking significant,     unprivileged information not discoverable by alternative means.     When participating in a commission proceeding, the Office of     Trial Staff shall be subject to the same rules of discovery     applicable to any other party to the case.        (e)  Requests for admissions.--A party to a proceeding may     serve upon any other party and upon the commission to the same     extent permissible in subsection (d) a written request for the     admission, for purposes of the pending proceeding and to     conserve hearing time, of any relevant, unprivileged, undisputed     facts, the genuineness of any document described in the request,     the admissibility of evidence, the order of proof and other     similar matters.        (f)  Subpoena duces tecum.--A party to a proceeding may     obtain in accordance with commission rules a subpoena duces     tecum requiring the production of or the making available for     inspection, copying or photographing of relevant necessary     designated documents at a prehearing conference or other     specific time and place.        (g)  Scheduling.--The presiding officer shall have the     authority to impose schedules on the parties to the proceeding     specifying the periods of time during which the parties may     pursue each means of discovery available to them under the rules     of the commission. Such schedules and time periods shall be set     with a view to accelerating disposition of the case to the     fullest extent consistent with fairness.        (h)  Certification of interlocutory appeals.--Except as     provided in subsection (b)(6), an interlocutory appeal from a     ruling of the presiding officer on discovery shall be allowed     only upon certification by the presiding officer that the ruling     involves an important question of law or policy which should be     resolved at that time. Notwithstanding the presiding officer's     certification, the commission shall have the authority to     dismiss summarily the interlocutory appeal if it should appear     that the certification was improvident. An interlocutory appeal     shall not result in a stay of the proceedings except upon a     finding by the presiding officer and the commission that     extraordinary circumstances exist.        (i)  Protective orders.--The presiding officer shall have the     authority, upon motion by a party or by the person from whom     discovery is sought, and for good cause shown, to make any     order, subject to the rules of the commission, which justice     requires to protect the party or person.        (j)  Other subpoenas.--The presiding officer shall have the     power in accordance with commission rules to issue subpoenas ad     testificandum and duces tecum at any time during the course of     the proceeding.     (July 10, 1986, P.L.1238, No.114, eff. imd.)        1986 Amendment.  Act 114 amended subsec. (d).