§998.  Prehearing conference

A.  The administrative law judge may conduct a prehearing conference pursuant to a motion of any party or on his own motion.

B.  The administrative law judge shall set the time and place for the prehearing conference.

C.  The administrative law judge shall give reasonable notice of the prehearing conference to all parties.

D.  The prehearing conference may be conducted for the purpose of dealing with one or more of the following matters:

(1)  Exploration of settlement possibilities.

(2)  Preparation of stipulations.

(3)  Clarification of issues.

(4)  Rulings on the identities and limitation on the number of witnesses.

(5)  Objections to proffers of evidence.

(6)  Order of presentation of evidence and cross-examination.

(7)  Rulings regarding issuance of subpoenas and protective orders.

(8)  Schedules for the submission of written briefs.

(9)  Schedules for the conduct of a hearing.

(10)  Any other matter to promote the orderly and prompt conduct of the adjudication.

E.  The administrative law judge shall issue a prehearing order, which he may direct one or more of the parties to prepare, incorporating the matters determined at the prehearing conference.

F.  An administrative law judge assigned to render a decision or to make findings of fact and conclusions of law in a case of adjudication noticed and docketed for hearing shall not communicate, directly or indirectly, in connection with any issue of fact or law, with any party or his representative, or with any officer, employee, or agent engaged in the performance of investigative, prosecuting, or advocating functions, except upon notice and opportunity for all parties to participate.

Acts 1995, No. 739, §2, eff. Oct. 1, 1996; Acts 2003, No. 956, §1, eff. July 1, 2003.

NOTE:  See Acts 1995, No. 947, §8 and No. 739, §§3, 4.