10.38.05.08

.08 Prehearing Conference and Case Resolution Conference.

A. The Board may set a prehearing conference or a case resolution conference, or both.

B. The prehearing conference may be used to prepare for the hearing by:

(1) Delineating the issues;

(2) Stipulating to facts, laws, and other matters;

(3) Arranging a schedule for the exchange of documents and witnesses;

(4) Arranging a schedule for the submission of motions and responses to motions; or

(5) Addressing any other matters that will promote the orderly and efficient conduct of the hearing.

C. Prehearing Orders.

(1) If a prehearing conference has been held, a prehearing order may be issued by the presiding officer.

(2) The prehearing order shall set forth the actions taken or to be taken with regard to any matter addressed at the prehearing conference.

(3) If a prehearing conference is not held, the presiding officer may issue a prehearing order to regulate the conduct of the proceedings.

(4) Absent an exception from the presiding officer, the prehearing order shall be binding on the parties.

D. Case Resolution Conference.

(1) Matters admitted, revealed, negotiated, or otherwise discussed at a case resolution conference are without prejudice and may not be used by the respondent, administrative prosecutor, or the Board in any subsequent proceedings, unless the information is otherwise discoverable or available through another source.

(2) The Board is not bound by the recommendations of the case resolution conference committee and may:

(a) Modify the proposed settlement;

(b) Require additional conditions; or

(c) Reject the recommendation and require the respondent to proceed to a hearing.

(3) If the respondent disagrees with the recommendation of the case resolution conference committee, the respondent may elect to proceed to a hearing on the matter, regardless of whether or not the Board has ratified the recommendation of the case resolution conference committee.

(4) Participation in a case resolution conference is not a basis for recusal of a Board member, Board counsel, or Board prosecutor from further proceedings.

E. Motions.

(1) General Requirements.

(a) Unless otherwise set forth in a prehearing order or notice of hearing, all motions shall be:

(i) Accompanied by a memorandum of points and authorities; and

(ii) Filed with the Board at least 15 working days before the hearing.

(b) A copy of the motion shall be served on the opposing party.

(c) A response shall be filed with the Board at least 10 working days before the hearing and a copy served on the opposing party.

(d) The Board may refuse to consider a motion or response that is not timely filed.

(2) Motion for Summary Decision.

(a) A party may move for summary decision on any appropriate issue in the case.

(b) The Board may grant a proposed or final summary decision if the Board finds that:

(i) There is no genuine issue of material fact; and

(ii) A party is entitled to prevail as a matter of law.