Section 140.07. Prehearing conference.

 

(1)  After an appeal is filed, an administrative law judge may direct the parties to appear before the administrative law judge for a prehearing conference. In determining whether a prehearing conference is necessary, the administrative law judge may consider the following criteria:

(a) The complexity of issues.

(b) The number of possible witnesses.

(c) Documentary evidence.

(d) The number of parties involved.

(e) Other facts which would tend to prolong the hearing.

(2)  Prehearing conferences may be conducted in person or by telephone. The date and time for the prehearing conference shall be set by the hearing office. Parties shall have at least 10 days notice of the prehearing conference. The administrative law judge may adjourn the conference or order additional prehearing conferences.

(3)  Following the prehearing conference, the administrative law judge shall issue an order with respect to the course of the conference on any or all of the following matters:

(a) Definition and simplification of the issues of fact and law.

(b) Stipulations of fact and agreements concerning the identity of or authenticity of documents.

(c) Limitation of the number of witnesses and the exchange of the names of witnesses.

(d) Stipulations relating to alternative methods of evidence submission and acceptance.

(e) Such other matters as may aid in the disposition of the appeal.

(4)  If a party fails to appear or is unprepared to participate in a prehearing conference, the administrative law judge may conduct a conference and enter the prehearing order without participation by the party.

Cr. Register, June, 1997, No. 498 , eff. 7-1-97.