Section 792.10114. Prehearing conferences.

Rule 114. (1) The administrative law judge may hold a prehearing conference to resolve matters prior to the hearing.

(2)   A prehearing conference may be convened to address matters including, but not limited to, any of the following:

(a)    Issuance of subpoenas.

(b)    Factual and legal issues.

(c)    Stipulations.

(d)    Requests for official notice.

(e)    Identification and exchange of documentary evidence.

(f)    Admission of evidence.

(g)    Identification and qualification of witnesses.

(h)    Motions.

(i)    Order of presentation.

(j)    Scheduling.

(k)    Alternative dispute resolution.

(l)    Position statements.

(m)    Settlement.

(n)    Any other matter that will promote the orderly and prompt conduct of the hearing.

(3)   At the discretion of the administrative law judge, all or part of a prehearing conference may be recorded.

(4)   Prehearing conferences may be conducted in person, by telephone, by videoconference, or other electronic means at the discretion of the administrative law judge.

(5)   When a prehearing conference has been held, the administrative law judge shall issue a prehearing order which states the actions taken or to be taken with regard to any  matter addressed at the prehearing conference.

(6)     If  a  prehearing   conference  is  not  held,   the  administrative   law  judge  may  issue   a prehearing order to regulate the conduct of proceedings.

(7)      If  a  party   fails  to  appear   for  a  prehearing   conference  after  proper   notice,  the administrative law judge may proceed with the conference in the absence of that party.

(8)     A  party  who  fails  to  attend  a  prehearing  conference  is  subject  to  any  procedural agreement reached, and any order issued, with respect to matters addressed at the conference.

History: 2015 AACS.