(a) Purpose and scope. (1) Upon motion of a party or upon the
administrative law judge's own motion, the judge may direct the parties
or their counsel to participate in a conference at any reasonable time,
prior to or during the course of the hearing, when the administrative
law judge finds that the proceeding would be expedited by a prehearing
conference. Such conferences normally shall be conducted by conference
telephonic communication unless, in the opinion of the administrative
law judge, such method would be impractical, or when such conferences
can be conducted in a more expeditious or effective manner by
correspondence or personal appearance. Reasonable notice of the time,
place and manner of the conference shall be given.
(2) At the conference, the following matters shall be considered:
(i) The simplification of issues;
(ii) The necessity of amendments to pleadings;
(iii) The possibility of obtaining stipulations of facts and of the
authenticity, accuracy, and admissibility of documents, which will avoid
unnecessary proof;
(iv) The limitation of the number of expert or other witnesses;
(v) Negotiation, compromise, or settlement of issues;
(vi) The exchange of copies of proposed exhibits;
(vii) The identification of documents or matters of which official
notice may be requested;
(viii) A schedule to be followed by the parties for completion of
the actions decided at the conference; and
(ix) Such other matters as may expedite and aid in the disposition
of the proceeding.
(b) Reporting. A prehearing conference will be stenographically
reported, unless otherwise directed by the administrative law judge.
(c) Order. Actions taken as a result of a conference shall be
reduced to a written order, unless the administrative law judge
concludes that a stenographic report shall suffice, or, if the
conference takes place within 7 days of the beginning of the hearing,
the administrative law judge elects to make a statement on the record at
the hearing summarizing the actions taken.
