|(a) Upon timely motion containing the pertinent telephone
number(s), a Party may request to appear before the Examiner by telephone
or videoconferencing or to present the testimony of a witness by such
methods. The Party requesting to appear or present testimony by telephone
or videoconferencing has the burden to show that good cause exists
for the granting of the request. Unless all Parties agree to the request,
the requesting Party must demonstrate:
(1) how witnesses will be separated;
(2) that coaching of witnesses shall not occur and
how coaching of witnesses will be prevented;
(3) why observing a witness' demeanor is not essential
to the case; and
(4) how the witness' identity will be verified at the
time of hearing.
(b) If the request is granted, a Party may appear or
a witness may testify by telephone or videoconferencing before the
Examiner if each participant in the hearing has an opportunity to
participate in and hear the Proceeding.
(c) The Examiner may conduct a prehearing conference
by telephone or videoconferencing upon reasonable and adequate notice
to the Parties, even in the absence of a Party's motion.
(d) All substantive and procedural rights apply to
telephone and videoconferencing prehearings and hearings, subject
only to the limitations of the physical arrangement.
(e) Documentary evidence to be offered at a telephone
or videoconferencing prehearing conference or hearing shall be served
on all Parties and filed at least fourteen (14) days before the prehearing
conference or hearing unless the Examiner, by written Order, amends
the filing deadline.
(f) For a telephone or videoconferencing hearing or
prehearing conference, the following may be considered a failure to
appear and grounds for dismissal if the conditions exist for more
than 15 minutes after the scheduled time for hearing or prehearing
(1) failure to answer the telephone or videoconference
(2) failure to free the line for the Proceeding; or
(3) failure to be ready to proceed with the hearing
or prehearing conference as scheduled.