SECTION 455:10-17-4. Preparation conference

(a)   General. The Executive Director may schedule a preparation conference on any appeal set for Alternative Dispute Resolution. The preparation conference provides an opportunity for the parties to discuss and present their respective cases with each other and an Alternative Dispute Resolution Program (ADRP) facilitator in order to clarify, isolate and dispose of procedural issues before any further ADRP procedure. The Executive Director may schedule a preparation conference after a negotiation conference and before any other ADR procedure is used.

(b)   Party responsibility. Each party shall be present, on time and prepared. Failure to do so may result in dismissal of the appeal or other sanctions unless good cause is shown. Prior to the preparation conference each party shall file the original with the Commission and provide to the ADRP facilitator and each other party a copy of:

(1)   a brief statement of his or her respective case, to include a list of what he or she will agree to and the remedy he or she is seeking;

(2)   a list of witnesses who have direct knowledge of the facts surrounding the issues in dispute. The list shall include a brief statement of the testimony each witness has to offer;

(3)   a list of those witnesses and the address for each witness for whom a subpoena is required;

(4)   a list of documents associated with the issues in dispute. The original or a copy of each document shall be attached to the list; and

(5)   any requirements for discovery.

(c)   Representation. Each party to the appeal may have a representative accompany him or her to the conference to speak and act on his or her behalf.

(d)   Facilitator. The ADRP facilitator shall:

(1)   take an active role in the conference and maintain neutrality and impartiality at all time;

(2)   have the flexibility to adapt the conference to the situation at hand;

(3)   consider any matters which will aid in the fair and prompt resolution and disposition of the appeal, including settlement;

(4)   rule on whether witnesses have direct knowledge of the issues in dispute;

(5)   rule on whether documents are directly related to the issues in dispute;

(6)   rule on whether discovery requests or other requests or motions are relevant;

(7)   strike or deny witnesses, documents, discovery requests or any other requests or motions if they are:

(A)   cumulative, not relevant or not material;

(B)   used as a means of harassment;

(C)   unduly burdensome; and

(D)   not timely filed.

(8)   terminate the conference for the disruptive behavior or conduct of a party or representative; and

(9)   prepare a preparation conference order which shall record the actions taken and any agreements reached. The preparation conference order shall control the subsequent course of any further ADRP procedure.

(e)   Conference. The preparation conference shall be informal, structured by the ADRP facilitator and not open to the public. The ADRP facilitator shall record the conference by audio tape recording.

(1)   Notice. At least 7 calendar days before the scheduled conference, the Commission shall notify the parties of the date, time and location of the conference.

(2)   Location. The conference shall be conducted at the Commission office or any other location determined appropriate.

(3)   Witnesses. Witnesses shall not appear or give testimony at the conference.

(4)   Continuance. A request for continuance shall normally be filed in writing no less than 3 calendar days before the scheduled conference date accordance with OAC 455:10-3-17. A lesser period of time may be permitted for good cause shown.

(A)   The ADRP Facilitator shall rule on the request and shall grant a request only in those instances where extraordinary circumstances exist and good cause has been shown.

(B)   A continuance shall be granted to a date certain and in no case shall a combination of continuances of the preparation conference exceed a total of 30 calendar days except for good cause shown.

(f)   Conclusion.

(1)   The ADRP facilitator shall end the preparation conference when preparation procedures are completed, unless sooner terminated for other just cause.

(2)   The ADRP facilitator may provide the Executive Director any other relevant information to assist in the disposition of the case.

[Source: Added at 11 Ok Reg 1871, eff 5-12-94; Amended at 19 Ok Reg 2376, eff 7-1-02]