§ 3.10. Prehearing conferences.

 (a)  The provisions of 1 Pa. Code § §  35.111—35.116 (relating to prehearing conferences) shall be applicable to the extent that they are not inconsistent with the provisions of this section.

 (b)  At least five business days prior to a prehearing conference or, if none is scheduled, at least five business days prior to the hearing, applicant shall serve upon all protesting persons and provide the presiding officer with a written statement containing the following:

   (1)  The names, addresses, and capacities of all persons who may be called as witnesses and the general nature of the evidence to be presented through such witnesses.

   (2)  The reports of any expert whose opinion will be offered in evidence at the hearing. Such reports shall include the findings and conclusions of the expert.

 (c)  At least three business days prior to a prehearing conference or, if none is scheduled, at least three days prior to the hearing, each protesting person shall serve upon the applicant and other protesting persons and provide the presiding officer with a written statement containing the same matter relative to evidence they intend to present at the hearing as is required of the applicant under subsection (b) of this section.

 (d)  Prior to a prehearing conference or prior to a hearing, any or all parties should confer and consult with each other as often as may be necessary for the following purposes:

   (1)  To consider the factual and legal issues involved and to agree upon those items as to which admissions can be made.

   (2)  To prepare a list of all exhibits to be offered in evidence, numbered or lettered consecutively, and to note on each whether it may be offered without proof. Copies of all exhibits shall be made available to opposing parties. If any exhibits are known to exist or probably will be required but are not available at the time, the substance thereof must be disclosed to opposing parties, and numbers or letters shall be reserved for such exhibits. The exhibit list shall be filed with the presiding officer prior to the hearing or prehearing conference. Exhibits not submitted and marked in this manner shall not be admitted at the hearing unless the presiding officer is satisifed that their existence or the necessity of introducing them could not have been determined at the earlier stages referred to in this subsection.

 (e)  At a prehearing conference, the factual and legal issues will be reviewed, admissions agreed upon, exhibits agreed upon, and the parties shall make full disclosure of the theories which they intend to pursue at the hearing. Failure to make such disclosures may require exclusion at the hearing of any evidence relating to an undisclosed theory.

 (f)  The presiding officer may make an order reciting the action taken at the conference and the agreements made by the parties as to any of the matters considered and limiting the issues for the hearing to those not disposed of by admissions or agreements of the parties. Such order, when entered, shall control the subsequent course of action unless modified at the hearing to prevent manifest injustice.

 (g)  No application for continuance of a hearing will be considered unless accompanied by verified petitions setting forth compelling reasons, after notice to all parties. At the discretion of the presiding officer, it may be required that the petition be signed by and bear the endorsement of any of the real parties in interest.

   Department of Banking did not abuse its discretion when it refused to allow savings association to orally examine examiner at hearing, since savings association did not disclose request at prehearing conference or list examiner as a potential witness. Pennsylvania Savings Association v. Department of Banking, 523 A.2d 837 (Pa. Cmwlth. 1987).