R305-7-313. Pre-hearing Briefs and other Pre-hearing Submissions

  (1) At least 30 days before a scheduled hearing on the merits, the parties shall exchange proposed exhibits and thereafter shall meet to attempt to stipulate to the admission of exhibits.

  (2) At least 14 days before a scheduled hearing on the merits, the parties shall jointly file any stipulation regarding admission of exhibits and shall file copies of all of its exhibits that are subject to a stipulation. Electronic copies of the exhibits, as described in R305-7-104(3), shall be filed with the ALJ and the Administrative Proceedings Records Officer, and served on all other parties. Electronic and paper copies of the exhibits shall be served on the Administrative Proceedings Records Officer.

  (3) Unless otherwise ordered by the ALJ, each party may, but is not required to file, at least 14 days before a scheduled hearing on the merits:

  (a) A pre-hearing brief, limited to 25 pages, not including exhibits or any statement of facts; and

  (b) Any motions related to the way the hearing will be conducted, or to the admission of exhibits and other evidence that will be presented at the hearing.

  (4) A party may object to an exhibit when it is introduced in a hearing, except that no party may object to:

  (a) the authenticity of a record included in the Initial Record;

  (b) the accuracy of analytical analysis of samples documented in the Initial Record, except as provided in R305-7-309(6).

  (5)(a) Any party may file testimony and evidence using pre-filed testimony of a witness, unless otherwise ordered by the ALJ.

  (b) For lengthy or complex proceedings, pre-filed testimony is preferred and may be required by the ALJ.

  (c) Pre-filed testimony shall be submitted at least 13 business days before a scheduled hearing.