SECTION 590:1-3-7. Pre-hearing conference

(a)   General provisions. A pre-hearing conference shall be scheduled with the Hearing Examiner within sixty (60) days of receipt by the System of the appeal and at least thirty (30) days prior to the hearing, unless such time periods are waived by the parties. The conference shall be informal, structured by the Hearing Examiner, and not open to the public. The purpose of the pre-hearing conference is to allow the parties, before the Hearing Examiner, to attempt to resolve the case or parts of it, to discuss the facts, identify legal issues, present discovery requests, make appropriate stipulations, and to propose a procedural schedule. A record of the pre-hearing conference shall not be made unless requested by the parties and ordered by the Hearing Examiner. If ordered, a stenographic record shall be made in accordance with and pursuant to 590:1-3-8(d).

(b)   Notice and continuance. The claimant shall be notified by the System of the date and time at least seven (7) calendar days prior to the scheduled conference. A request for a continuance shall be filed with the System no less than three (3) calendar days prior to the scheduled conference. A lesser period of time may be permitted for good cause shown.

(c)   Rulings; pre-hearing conference order. During the pre-hearing conference, the Hearing Examiner shall make all the necessary rulings. At the conclusion of the pre-hearing conference, the Hearing Examiner shall issue a pre-hearing conference order which shall set forth the agreements reached at the pre-hearing conference. The pre-hearing conference order shall be signed by the parties and the Hearing Examiner. The pre-hearing conference order shall set forth, among other things, the following information:

(1)   the date and time of the hearing;

(2)   the date to file a written brief or statement of the case;

(3)   the date to file a list of witnesses, documents and exhibits. Any witnesses for whom a subpoena is required shall include the name, address and a brief statement of the testimony to be offered; and

(4)   any requirements or request for discovery.

(d)   Failure to appear. If the claimant fails to appear at the scheduled pre-hearing conference or to timely request a continuance of the pre-hearing conference, the Hearing Examiner shall dismiss the appeal and notice shall be sent to the claimant of the dismissal.

[Source: Added at 25 Ok Reg 994, eff 5-11-08]