28.02.01.17

.17 Prehearing Conferences.

A. When appropriate, the ALJ may hold a prehearing conference to resolve matters preliminary to the hearing.

B. The ALJ may require the parties to submit information before the prehearing conference.

C. A prehearing conference may be convened to address the following matters:

(1) Issuance of subpoenas;

(2) Factual and legal issues;

(3) Stipulations;

(4) Requests for official notice;

(5) Identification and exchange of documentary evidence;

(6) Admissibility of evidence;

(7) Identification and qualification of witnesses;

(8) Motions;

(9) Discovery disputes;

(10) Order of presentation and burden of proof;

(11) Scheduling;

(12) Alternative dispute resolution; and

(13) Any other matters that will promote the orderly and prompt conduct of the hearing.

D. Conduct.

(1) Except as otherwise indicated in this chapter, at the discretion of the ALJ, all or part of a prehearing conference may be recorded.

(2) Prehearing conferences may be conducted by telephone or videoconference.

E. Prehearing Orders. Unless otherwise provided in this chapter or required by law:

(1) When a prehearing conference has been held, a prehearing order shall be issued by the ALJ.

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

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

(4) The prehearing order shall be a part of the case record.