SECTION 800:1-9-7. Prehearing procedures and orders

(a)   The Administrative Law Judge may schedule and conduct prehearing conferences or require the parties to file appropriate documents and briefs as necessary to identify parties and issues and to set schedules and agendas for hearing-related activities. The Administrative Law Clerk shall notify the parties of the scheduling of a prehearing conference. The Administrative Law Judge may authorize a prehearing conference by telephone. On request, prehearing conferences shall be on the record. Prehearing conferences, filings or requirements and orders issued by the Administrative Law Judge may address:

(1)   identification and simplification of issues, including the elimination of frivolous claims or defenses;

(2)   amendments to the pleadings;

(3)   the plan and schedule of discovery and limitations to be placed thereon;

(4)   identification of admissions of fact to avoid unnecessary proof and cumulative evidence;

(5)   the identification of witnesses and substance of testimony, exhibits, and documents;

(6)   the use of prehearing briefs and prefiled testimony in the form of sworn affidavits;

(7)   settlement of all or some of the issues before the hearing;

(8)   adoption of special procedures for managing potentially difficult or protracted actions that may involve complex issues, multiple parties, novel or difficult legal questions, or evidence problems;

(9)   schedules regarding time within which to amend the pleadings, file and hear motions, complete discovery; and for accomplishing any other matters appropriate in the circumstances of the case.

(b)   Following a prehearing conference, the Administrative Law Judge may issue a Prehearing Order which recites and schedules the action to be taken and which shall control the course of the action unless modified by a subsequent order to prevent manifest injustice. The Prehearing Order should include the results of the conference and advice to the Administrative Law Judge regarding the factual and legal issues, including summaries of material evidence, to be presented. The Prehearing Order should also present all questions of law in the case. All exhibits shall be marked, listed and identified in the Prehearing Order. If there is objection to the admission of are exhibits, the grounds for the objection must be specifically stated. Witnesses shall also be listed along with the nature of their testimony. No exhibit or witness may be added to the Prehearing Order once the Order has been prepared, signed, and filed by the Administrative Law Judge without a showing to the Administrative Law Judge by the requesting party that injustice would be created if the evidence or testimony were not allowed.

[Source: Added at 15 Ok Reg 3500, eff 7-13-98]