Sec. 07.01.04.08. Prehearing Procedures

A. Rescheduling.

(1) A party may request a change in a hearing time, date, or location by:

(a) Submitting a written request, with copies served on all parties, to the OAH clerk's office at least 5 business days before a scheduled hearing; or

(b) In the case of an unforeseen event requiring postponement and occurring less than 5 business days before a scheduled hearing, calling the OAH clerk's office as soon as possible.

(2) Except as provided in §A(3) of this regulation, if OAH finds that good cause exists, OAH shall set another time or place for the hearing and notify the parties of the change.

(3) In an appeal concerning food stamps or an intentional program violation, the appellant is entitled to one postponement of the scheduled hearing of up to 30 calendar days without the need to demonstrate good cause.

(4) Any time limits applicable to the issuance of a final administrative decision are extended by the length of the delay caused by a postponement:

(a) Requested by the appellant; or

(b) Granted by the administrative law judge due to the appellant's introduction of new evidence pursuant to Regulation .10I of this chapter.

B. Summaries.

(1) The agency shall:

(a) Prepare a summary of the facts pertinent to the case and of the basis for its action; and

(b) Send the summary and copies of all documents that it intends to present at the hearing to the appellant and to OAH at least 6 calendar days before the date of the hearing.

(2) If the agency fails to comply with the requirements of §B(1)(b) of this regulation, the administrative law judge may, at the appellant's request, grant a continuance as necessary to allow the appellant to review an agency summary and any proposed exhibits.

C. The appellant may examine the agency's records relating to the appellant's case to prepare for the hearing, but the agency shall protect from disclosure information that the agency is required to keep confidential.

D. Except as provided in this chapter, a party may not engage in prehearing discovery.