Sec. 10.34.01.08. Prehearing Conferences and Case Resolution Conferences

A. The Board may set a prehearing conference or a case resolution conference, or both.

B. The prehearing conference may be used to prepare for the hearing by:

(1) Delineating the issues;

(2) Stipulating to:

(a) Facts;

(b) Laws; and

(c) Other matters;

(3) Arranging a schedule for the:

(a) Exchange of documents and witness information; and

(b) Submission of motions and responses to motions; or

(4) Addressing other matters that will promote the orderly and efficient conduct of the hearing.

C. Prehearing Orders.

(1) If a prehearing conference has been held, a prehearing order may be issued by the presiding officer.

(2) The prehearing order shall set forth the actions taken or to be taken with regard to any matter addressed at the prehearing conference.

(3) If a prehearing conference is not held, the presiding officer may issue a prehearing order to regulate the conduct of the proceedings.

(4) Absent an exception from the presiding officer, the prehearing order shall be binding on the parties.

D. The Case Resolution Conference.

(1) Matters admitted, revealed, negotiated, or otherwise discussed are without prejudice and may not be used by the respondent, administrative prosecutor, or the Board in subsequent proceedings, unless the information is otherwise discoverable or available through another source.

(2) The Board is not bound by the recommendations of the case resolution conference committee and may:

(a) Modify the proposed settlement;

(b) Require additional conditions; or

(c) Reject the recommendation and require the respondent to proceed to a hearing.

(3) If the respondent disagrees with the recommendation of the case resolution conference committee, the respondent may elect to proceed to a hearing on the matter, regardless of whether the Board has ratified the recommendation of the case resolution conference committee.

(4) Participation in a case resolution conference is not a basis for recusal of a Board member, Board counsel, or Board prosecutor from further proceedings.

E. Motions.

(1) Unless otherwise set forth in a prehearing order or notice of hearing, motions shall be:

(a) Accompanied by a memorandum of points and authorities; and

(b) Filed with the Board at least 15 working days before the hearing.

(2) A copy of a motion filed with the Board shall be served on the opposing party by the party filing the motion.

(3) A response shall be filed with the Board at least 10 working days before the hearing and a copy served on the opposing party.

(4) The Board may refuse to consider a motion or response that is not timely filed.