SECTION 585:2-5-7. Final pre-hearing conference

(a)   Final pre-hearing conference. A final pre-hearing conference shall be conducted in all proceedings alleging an unfair labor practice under the FPAA. The final pre-hearing conference may be conducted by telephone when the mutual convenience of the parties so requires. The Board may designate the Administrator of the Board, a hearing officer, or its legal counsel to conduct the final pre-hearing conference. Unless otherwise ordered, the Administrator of the Board shall conduct the final pre-hearing conference.

(b)   Party representation. Parties shall be represented by attorneys unless appearing pro se.

(c)   Settlement; mediation or other alternative dispute resolution. Prior to the final pre-hearing conference, each side shall confer with the client and discuss:

(1)   the possibility of settlement; and

(2)   the party's willingness to participate in mediation or some other form of alternative dispute resolution prior to the final pre-hearing conference.

(d)   Proposed Final Pre-Hearing Order. Prior to the final pre-hearing conference, the parties shall confer and prepare a proposed Final Pre-Hearing Order. The complainant has the responsibility of submitting to the Board the proposed order not less than five (5) days before the scheduled pre-hearing conference. The proposed order shall include:

(1)   a brief preliminary statement;

(2)   a statement of relevant facts, to include facts to which the parties stipulate and facts in dispute;

(3)   legal issues presented by each party, including defenses, and authority relied on;

(4)   a final list of exhibits, including objections;

(5)   a final list of witnesses, including addresses, telephone numbers and proposed testimony;

and,

(6)   the possibility of settlement.

(e)   Pre-hearing actions. At the final pre-hearing conference, the parties shall cooperate to attempt to simplify or resolve issues, stipulate, determine if a hearing is necessary or if the matter can be resolved on briefs, settle the case or take other action in furtherance of the proper resolution of the case.

(f)   Discovery. Discovery, as authorized by the Administrative Procedures Act, shall be completed prior to the final pre-hearing conference.

(g)   Deadlines for cases decided on stipulated facts. At the pre-hearing conference, the person conducting the hearing will enter the following deadlines for cases decided on stipulated facts:

(1)   date for filing statement of stipulated facts, list of exhibits stipulated to and six (6) copies of these exhibits;

(2)   date Complainant's brief is due; and

(3)   respondent's brief is due within eighteen (18) days of the filing with the Board of the Complainant's brief.

(h)   Deadlines for cases decided with disputed facts. At the pre-hearing conference, the person conducting the hearing will enter the following deadlines for cases decided with disputed facts:

(1)   Date for filing joint statement of relevant facts to which parties can stipulate [(10 days before hearing) See 585:2-7-14.];

(2)   Date for each party to file a statement of relevant facts in dispute [(10 days before hearing) See 585: 2-7-14];

(3)   Date for filing joint list of admissible exhibits [(10 days before hearing) See 585:2-7-14];

(4)   Date for filing list of exhibits to which the parties can not stipulate and the opposing party's objections thereto [(10 days before hearing) See 585:2-7-14);

(5)   Date for filing final witness lists [(10 days before hearing) See 585:2-7-14];

(6)   Date for exchange of exhibits and for filing the original and six (6) copies of each exhibit [(7 days before hearing) See 585:2-7-14];

(7)   Date for filing hearing briefs [(7 days before hearing) See 585:2-7-14];

(8)   Date for filing any motions in limine [(7 days before hearing) See 585:2-7-14];

(9)   Hearing date;

(10)   Date for each party to refile its statement of disputed facts with citations to the record added for each disputed fact [(15 days after hearing) See 585:2-7-14]; and,

(11)   Any other deadlines.

(i)   Final Pre-Hearing Order. The Final Pre-Hearing Order shall be issued and signed by the person conducting the pre-hearing conference. The Final Pre-Hearing Order supersedes all pleadings and shall not be amended except by order of the Board.

(j)   Default. Failure to prepare and/or timely file the proposed Final Pre-Hearing Order, failure to be prepared for the final pre-hearing conference, or failure to participate in or participate in good faith in the pre-hearing conference may result in sanctions. These sanctions may include:

(1)   dismissing the charge;

(2)   striking a pleading;

(3)   issuing a preclusion order;

(4)   staying the action;

(5)   entering default judgment;

(6)   removal of a party's attorney from the case; or,

(7)   other sanctions appropriate to the misconduct.

[Source: Added at 24 Ok Reg 1630, eff 6-11-07; Amended at 29 Ok Reg 1360, eff 6-25-12]

Note

EDITOR’S NOTE: See Editor's Note at beginning of this Chapter.