Prehearing conference procedures

Under 1955.31(a), either the administrative law judge on their own motion or any party to the proceeding may request or be directed to attend a prehearing conference. See 1955.31(a).

Under 1955.31(a), the administrative law judge may consider a range of matters to streamline the case, including simplification of the issues, possible amendments to filed documents, stipulations of fact and authenticity of documents, limits on parties and witnesses, scope of petitioners' participation, setting discovery dates, and any other matters that will help expedite and ensure a just disposition. See 1955.31(a).

Under 1955.31(a)(1), 'simplification of the issues' means the judge may work with the parties to narrow or clarify the legal and factual questions that will go to hearing so the proceedings focus only on the disputes that truly remain. See 1955.31(a)(1).

Under 1955.31(a)(2), the judge may consider whether amendments to filed documents are necessary or desirable for clarification, simplification, or limitation. Any such amendments that are allowed should be recorded in the judge's conference order. See 1955.31(a)(2) and 1955.31(b).

Under 1955.31(a)(3), yes—the judge may consider stipulations of fact and stipulations regarding the authenticity of the contents of documents so that agreed items need not be litigated at hearing. Such stipulations should be reflected in the judge's written conference order. See 1955.31(a)(3) and 1955.31(b).

Under 1955.31(a)(4), the judge may consider and place limitations on the number of parties and of witnesses when appropriate to simplify and expedite the proceedings. Any limitations adopted should be included in the conference order. See 1955.31(a)(4) and 1955.31(b).

Under 1955.31(a)(5), the judge may address the scope of participation of petitioners as governed by 1955.17, meaning the conference can determine how and to what extent petitioners may take part in the proceedings. The judge may record those decisions in the conference order. See 1955.31(a)(5).

Under 1955.31(a)(6), the judge may establish dates for discovery as part of the prehearing conference to ensure timely exchange of information before the hearing. Those discovery deadlines should be reflected in the conference order. See 1955.31(a)(6) and 1955.31(b).

Under 1955.31(a)(7), 'such other matters' include any additional topics that the judge believes will help expedite the proceedings and ensure a just outcome; this gives the judge broad discretion to address practical or procedural issues not specifically listed elsewhere. See 1955.31(a)(7).

Under 1955.31(b), the judge must enter a written order that recites the action taken at the conference, any amendments allowed to filed documents, and the agreements made between the parties about matters considered; the order must also limit the issues for hearing to those not resolved and control the subsequent course of the hearing unless modified to prevent manifest injustice. See 1955.31(b).

Under 1955.31(b), the conference order may be modified at the hearing if modification is necessary to prevent manifest injustice; otherwise the order controls the subsequent course of the hearing. See 1955.31(b).

Under 1955.31(b), any matters disposed of by admissions or agreements at the conference are removed from the issues to be heard, and the judge's order will limit the hearing to unresolved issues. See 1955.31(b).

Under 1955.31(a)(4), parties should be ready to explain at the conference why limiting the number of parties or witnesses will simplify the case and not unfairly prejudice any party; the judge can then decide and include any limits in the written order. See 1955.31(a)(4) and 1955.31(b).