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AUC Bulletin 2018-14: Practice Advisory and Procedural Change for Oral Argument in Facility Proceedings

Oral Argument – Notice

In this bulletin, the AUC acknowledged that the requirement for oral argument is not always communicated by the AUC in advance of the start of a hearing, which stakeholders indicated can lead to inefficiencies in process and time pressures to conclude the hearing within the allotted time.

Section 47.1 of AUC Rule 001: Rules of Practice provides that argument must be in the form directed by the Commission. Section 2.5 of Rule 001 deals directly with time limits and states that the AUC may set time limits for doing anything provided for in the rule.

The AUC implemented a procedural change for facility proceedings involving an oral hearing. In most circumstances where the AUC anticipates prior to the start of an oral hearing that oral argument will be required, it will provide advance notice to parties and may also set time limits on oral argument. The AUC anticipates that timely notice will bring focus to argument, streamline proceedings and reduce costs while ensuring parties have a fair opportunity to be heard.

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