§ 4.104 Prehearing conferences.

(a) Purpose. The ALJ may conduct one or more prehearing conferences to facilitate the efficient, fair, and timely resolution of a proceeding. (b) Notice and timing. At the discretion of the ALJ, prehearing conferences may be scheduled at any appropriate time during the proceeding by issuing an order directing the parties, or their representatives, to appear at a specified date and time. A prehearing conference may occur by telephone, videoconference, or other appropriate means. (c) Matters for consideration. An ALJ may conduct one or more prehearing conferences to consider scheduling, case management, and other matters including, but not limited to: (1) Simplifying or narrowing the issues; (2) Consolidating proceedings; (3) Discussing the utility of settlement or alternative dispute resolution procedures; (4) Ascertaining the appropriateness and timing of discovery, including the resolution of any discovery disputes; (5) Determining the appropriateness and timing of any prehearing motions, including motions for summary judgment and other dispositive motions; (6) Evaluating the possibility of obtaining agreements or stipulations related to facts or documents; (7) Scheduling a hearing and establishing appropriate hearing procedures; (8) Identifying witnesses and exhibits and scheduling the timing for prehearing disclosures; (9) Addressing issues associated with the admission of evidence; (10) Resolving specific procedural disputes and adopting procedures to manage any potentially difficult or complex issues; (11) Establishing appropriate case-management deadlines; and (12) Discussing any other matters that may aid in the disposition of the proceeding. (d) Final prehearing conference. Prior to the commencement of any hearing, the ALJ may conduct a final prehearing conference to formulate a hearing plan and to facilitate the admission of evidence and the presentation of witnesses. (e) Request to schedule prehearing conference. A party may request that the ALJ schedule a prehearing conference by filing a written motion that demonstrates a reasonable justification for the scheduling request. (f) Post-conference orders. After a prehearing conference, the ALJ will issue an order documenting the actions agreed on and the rulings made by the ALJ during the prehearing conference. The post-conference order will control the subsequent course of the proceeding, unless modified by the ALJ in a written order.