SECTION 735:80-13-8. Pre-hearing conference

(a)   General provisions. A pre-hearing conference notice is sent to the parties, usually within thirty (30) days of the filing of the protest. The purpose of the pre-hearing conference is to get the parties together before the hearing examiner to attempt to resolve the case or parts of it, early in the progression of the case, to discuss the facts, identify the legal issues, present discovery requests, make all appropriate stipulations, and to propose a procedural schedule. However, the pre-hearing conference should not serve as the parties introduction to the case. Rather, the parties are to make contact and discuss the merits of the case prior to the scheduled pre-hearing conference.

(b)   Rulings; pre-hearing conference order. During the pre-hearing conference, the hearing examiner makes all necessary rulings. After the pre-hearing conference, the hearing examiner issues a pre-hearing conference order which reduces to writing the agreements reached at the pre-hearing conference.

(c)   Failure to appear. If a party fails to appear at the scheduled pre-hearing conference or to timely respond to the notice of pre-hearing conference, but has previously submitted a written request for a hearing on the protest, then a hearing will be set. If a hearing has not been requested, then OST will be directed by the hearing examiner to file a response to the protest, which response shall be signed by the attorney representing OST. If a party files a reply to OST's Response, and requests a hearing therein, then the hearing examiner may set the matter for hearing on the merits of the protest, and thereafter, enter recommendations to the Treasurer in accordance with the findings. If a party files a reply to the Response and does not request a hearing, then the hearing examiner will consider the reply in making a recommendation to the Treasurer. If a party fails to file a reply to the Response, then the hearing examiner will issue Findings, Conclusions and Recommendations. Any party aggrieved by the recommendation may proceed pursuant to 735:80-13-20.

[Source: Added at 17 Ok Reg 2167, eff 6-12-00]