(a) Scheduling conference. Within 30 days of service of the notice
or order commencing a proceeding, the ALJ will direct counsel for
all parties to meet with the ALJ at a specified time and manner prior
to the hearing for the purpose of scheduling the course and conduct
of the proceeding. This meeting is called a “scheduling conference.”
The schedule for the identification of potential witnesses, the time
for and manner of discovery, and the exchange of any prehearing materials
including witness lists, statements of issues, stipulations, exhibits,
and any other materials may also be determined at the scheduling conference.
8-074.1
(b) Prehearing conferences. The ALJ may, in addition to the scheduling conference, on the ALJ’s
own motion or at the request of any party, direct counsel for the
parties to confer with the ALJ at a prehearing conference to address
any or all of the following:
(1) Simplification and clarification of
the issues;
(2) Stipulations,
admissions of fact, and the contents, authenticity and admissibility
into evidence of documents;
(3) Matters of which official notice may
be taken;
(4) Limitation
of the number of witnesses;
(5) Summary disposition of any or all issues;
(6) Resolution of discovery
issues or disputes;
(7) Amendments to pleadings; and
(8) Such other matters as may aid in the
orderly disposition of the proceeding.
8-074.2
(c) Transcript. The ALJ may require
that a scheduling or prehearing conference be recorded by a court
reporter. A transcript of the conference and any materials filed,
including orders, becomes part of the record of the proceeding. A
party may obtain a copy of the transcript at the party’s expense.
8-074.3
(d) Scheduling or prehearing
orders. At or within a reasonable time following the conclusion
of the scheduling conference or any prehearing conference, the ALJ
will serve on each party an order setting forth any agreements reached
and any procedural determinations made.
