Current through Register 2022 Notice Reg. No. 14, April 8, 2022
(a) After a Case is assigned to
OAH, any party may file with OAH and Serve on all parties a request
for a settlement conference. A request for a settlement conference
shall be directed to the Presiding Judge. If the request is granted,
OAH shall set the date and time for the conference. Regulation 1022
does not apply to a request for a settlement conference.
(b) Each respondent and his or her
representative and an agency counsel or other representative, if the
agency is not represented by counsel, shall appear in person at all
settlement conferences. Each party or representative who attends the
settlement conference shall be fully familiar with the facts and
issues in the Case and shall have authority, or be able to obtain
authority immediately by telephone, to negotiate settlement terms
subject to the approval by the agency head. An agency representative
who is familiar with the case, and has authority to approve
settlement terms subject to the approval by the agency head, must be
available to participate in the settlement conference in person or by
telephone, subject to section11511.7.
(c) The Presiding Judge may excuse
the attendance or participation of a party or representative upon a
showing of good cause. A request to be excused shall be made not less
than 3 business days before the date of the conference.
(d) A Request to continue the
settlement conference shall be addressed to the Presiding
(e) The settlement
conference ALJ may structure the conference to meet the needs of the
particular dispute. A telephonic settlement conference may be
arranged pursuant to section 11511.7(b).
(f) A party may file a written
settlement conference statement with OAH that describes the factual
and legal issues and the status of any previous settlement
discussions in the Case. The statement may be Served on all other
parties or it may be marked "confidential" and submitted only to the
Presiding Judge or the settlement conference ALJ. The statement
should be submitted at least 3 business days before the conference.
The Presiding Judge or settlement conference ALJ may require a party
to file a settlement conference statement.
(g) A party should bring any
pertinent documents and a draft of any settlement proposal on disk or
in writing to the settlement conference.
(h) The settlement conference
statement, other settlement materials, and settlement discussions
shall not be disclosed to the Hearing ALJ and are deemed confidential
unless the parties agree otherwise.
(i) Any settlement shall be
included in a written stipulation, settlement agreement or consent
order, or an oral agreement placed on the record.
(j) The parties shall promptly
notify the OAH calendar clerk of any resolution that terminates a
Case before OAH. OAH will vacate all Hearing dates upon receipt of a
written request and notice of final resolution of the Case from the
agency. A copy shall be Served on all other parties. Notice of final
resolution of a Case consists of written confirmation from the agency
that all parties have signed a final written agreement resolving the
Case (subject to approval by the agency head) or that the agency has
taken any unilateral actions legally required to withdraw, dismiss,
or otherwise resolve the Case. A copy of the signed settlement,
stipulation, agency order or any other paperwork terminating a matter
before OAH, or, at the discretion of the agency, the first page and
signature pages thereof, shall be filed with OAH.