(a) At the conclusion of the period permitted by Sec. 725.410(b) of
this part for the submission of evidence, the district director may
conduct an informal conference in any claim where it appears that such
conference will assist in the voluntary resolution of any issue raised
with respect to the claim. The conference proceedings shall not be
stenographically reported and sworn testimony shall not be taken. Any
conference conducted pursuant to this paragraph shall be held no later
than 90 days after the conclusion of the period permitted by
Sec. 725.410(b) of this part for the submission of evidence, unless one
of the parties requests that the time period be extended for good cause
shown. If the district director is unable to hold the conference within
the time period permitted by this paragraph, he shall proceed to issue
a proposed decision and order under Sec. 725.418 of this part.
(b) The district director shall notify the parties of a definite
time and place for the conference. The district director shall advise
the parties that they have a right to representation at the conference,
by an attorney or a lay representative, and that no conference shall
take place unless the parties are represented. A coal mine operator
which is self-insured, or which is covered by a policy of insurance for
the claim for which a conference is scheduled, shall be deemed to be
represented. The notification shall set forth the specific reasons why
the district director believes that a conference will assist in the
voluntary resolution of any issue raised with respect to the claim. No
sanction may be imposed under paragraph (c) of this section unless the
record contains a notification that meets the requirements of this
section. The district director may in his or her discretion, or on the
motion of any party, cancel a conference or allow any or all of the
parties to participate by telephone.
(c) The unexcused failure of any party to appear at an informal
conference shall be grounds for the imposition of sanctions. If the
claimant fails to appear, the district director may take such steps as
are authorized by Sec. 725.409(b)(2) to deny the claim by reason of
abandonment. If the responsible operator fails to appear, it shall be
deemed to have waived its right to contest its potential liability for
an award of benefits and, in the discretion of the district director,
its right to contest any issue related to the claimant's eligibility.
(d) Any representative of an operator, of an operator's insurance
carrier, or of a claimant, authorized to represent such party in
accordance with paragraph (b), shall be deemed to have sufficient
authority to stipulate facts or issues or agree to a final disposition
of the claim.
(e) Procedures to be followed at a conference shall be within the
discretion of the district director.
