SECTION 455:10-9-1. Prehearing conference

(a)   Purpose. The Executive Director may schedule a prehearing conference on any appeal set for hearing. The conference provides an opportunity for the parties to clarify, isolate and dispose of procedural matters prior to the hearing.

(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 prehearing conference each party shall file with the Commission and provide to each other party and the Administrative Law Judge a copy of:

(1)   a brief statement of his or her respective case, to include a list of stipulations and requested remedy;

(2)   a list of any witnesses who have direct knowledge of the facts surrounding the issues of the appeal and who are expected to be called at the hearing. The list shall include a brief statement of the testimony each witness will offer. The list may be amended, with the approval of the Administrative Law Judge, before the hearing date;

(3)   a list of any documents and exhibits and the original or a copy of each document or exhibit to be offered into evidence at the hearing. The list may be amended, with the approval of the Administrative Law Judge, before the hearing date;

(4)   a list of any witnesses for whom a subpoena is required. The list shall include each witness's name, address and a brief statement of the testimony to be offered by each witness. Subpoenas shall not be issued by the Commission without this information. The list may be amended, with the approval of the Administrative Law Judge, up to 10 calendar days before the hearing date; and

(5)   any requirements or requests for discovery. Discovery shall be requested and completed in accordance with OAC 455:10-13-1.

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

(d)   Administrative Law Judge responsibility. The Administrative Law Judge shall:

(1)   consider, facilitate and rule on settlement;

(2)   consider any matters which will aid in the fair and prompt resolution and disposition of the appeal;

(3)   hear and rule on pending requests or motions;

(4)   rule on whether or not witnesses have knowledge of the facts at issue;

(5)   rule on whether or not documents and exhibits are relevant;

(6)   rule on whether or not discovery requests and other motions and requests are relevant;

(7)   strike or deny witnesses, documents, exhibits, discovery requests and other requests or motions which are cumulative, not relevant or not material; used as a means of harassment; unduly burdensome or not timely filed.

(e)   Conference. The conference shall be informal, structured by the Administrative Law Judge and not open to the public. The Administrative Law Judge shall record the conference by digital recording.

(1)   Notice. Each party shall be notified of the date, time and location at least 7 calendar days prior to the scheduled conference.

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

(3)   Witnesses. Witnesses shall not appear or present evidence at the conference.

(4)   Continuance. A request for continuance shall be filed in accordance with OAC 455:10-3-17 normally no less than 3 calendar days prior to the scheduled conference. A lesser period of time may be permitted for good cause shown. The Administrative Law Judge, or in his or her absence, the Executive Director, shall rule on the request and in no case shall a combination of continuances of the prehearing conference exceed a total of 30 calendar days except for good cause shown.

(f)   Conclusion. The Administrative Law Judge shall end the conference when preparation for the hearing is complete, unless sooner terminated as a result of settlement or for other just cause.

[Source: Amended and renumbered from 455:10-5-4 at 13 Ok Reg 3025, eff 7-15-96; Amended at 17 Ok Reg 2560, eff 6-26-00; Amended at 19 Ok Reg 2376, eff 7-1-02; Amended at 26 Ok Reg 559, eff 3-1-08 through 7-14-09 (emergency); Amended at 26 Ok Reg 2690, eff 7-25-09; Amended at 33 Ok Reg 1756, eff 9-11-16]

Note

EDITOR’S NOTE: This emergency action expired before being superseded by a permanent action. Upon expiration of an emergency amendatory action, the last effective permanent text is reinstated. Therefore, on 7-15-09 (after the 7-14-09 expiration of the emergency action), the text of 455:10-1-2 reverted back to the permanent text that became effective 7-1-02, as was last published in the 2006 Edition of the OAC, and remained as such until amended again by permanent action on 7-25-09.