Cal. Code Regs. Tit. 8, § 20249 - Prehearing Conference

(a) Prior to any hearing held pursuant to section 20260, a pre-hearing conference shall be held. The conference shall be conducted by an administrative law judge and shall be attended by the parties or their representatives, who shall be familiar with the case and shall have authority with respect to all matters on the agenda, including settlement.

(b) Prior to the pre-hearing conference the parties shall confer in person or by telephone in an attempt to resolve or define any issues relating to compliance with the provisions of Giumarra Vineyards, 3 ALRB No. 21, or with outstanding subpoenas. Where full agreement cannot be reached, they shall agree on such matters as are reasonably susceptible to agreement, and on the time, place and manner of their compliance with such understandings and agreements. In addition, they shall also discuss and attempt to reach agreement on:

(1) Those facts which are not reasonably disputable;

(2) The identification, authentication and/or admissibility of all documents which are to be offered in evidence;

(3) Additional evidence to be subpoenaed if no agreement can be reached for its voluntary exchange;

(4) Anticipated evidentiary issues, including issues of privilege and work product;

(5) A firm estimate of hearing time; and

(6) Amendments, dismissals, consolidations, severances, and transfer.

(c) The agenda for the pre-hearing conference shall include:

(1) A thorough discussion of the issues and positions of the parties, including a careful explanation of the factual and legal theories relied upon. For any theory which is novel or unusual, parties should be prepared, or may be required, to provide the administrative law judge with offers of proof and/or appropriate legal authorities.

(2) Resolution by agreement or ruling on any remaining disputes concerning compliance with the provisions of Giumarra Vineyards, 3 ALRB No. 21, and any outstanding subpoenas.

(3) Agreement for the handling of facts not reasonably subject to dispute by stipulation or otherwise.

(4) Discussion and, where possible, resolution of anticipated evidentiary issues, including, insofar as possible, the resolution of issues involving the authentication, admissibility and relevance of documentary and physical evidence. As provided in section 20250(i), witnesses appearing pursuant to subpoenas duces tecum or notices to produce may be sworn and examined for the limited purpose of identifying, authenticating or marking for identification and lodging with the administrative law judge documentary or physical evidence. The parties shall also address themselves to the handling and resolution of anticipated future subpoenas or discovery.

(5) Consideration of issues involving consolidation, severance, transfer, amendment and dismissal.

(6) A firm and mutual estimate of the length of hearing, including any specific scheduling problems and the need for interpreters.

(7) Consideration of utilizing the settlement procedures of section 20248.

(8) Any other matters as may aid in expediting the hearing or contribute to the just, efficient and economical disposition of the case.

(d) The failure to fully and adequately prepare for pre-hearing conference, including the failure to attempt in good faith to confer beforehand, and resolve problems and issues, as provided in subdivision (b), or failure to comply with a prehearing conference order, shall be grounds for the imposition of such sanctions, inferences or other orders, then or during the hearing, as the administrative law judge may deem appropriate.

(e) The pre-hearing conference may be continued or recessed as may be necessary. At any time after assignment to the case, the administrative law judge may, either on the administrative law judge's own motion or upon request by a party, conduct a conference among the parties preparatory to the pre-hearing conference by telephone conference call or by any other electronic means which the Board has designated as appropriate; likewise, the administrative law judge may, where appropriate, conduct the initial pre-hearing conference or a continued or recessed pre-hearing conference by telephone conference call or by any other electronic means which the Board has designated as appropriate. When the conference call method is utilized, upon request of any party, or at the direction of the administrative law judge, the conference shall be reported or recorded by appropriate means as determined by the administrative law judge, and shall become part of the official record of the proceeding.

(f) At or after any prehearing conference held pursuant to this section, an order shall be entered and served on all parties reciting the action taken. Absent a showing of good cause for modifying or deviating from the terms of the order, it shall control the subsequent course of the proceeding. Should any party believe the order to be inaccurate or incomplete, that party shall promptly file a motion to correct the order with the administrative law judge as provided in section 20241.

Notes

Cal. Code Regs. Tit. 8, § 20249

1. Repealer and new section filed 12-31-82; effective thirtieth day thereafter (Register 83, No. 1).
2. Amendment of subsections (c)(1) and (e) and new subsection (f) filed 9-20-91; operative 10-21-91 (Register 92, No. 4).
3. Amendment of subsection (d) filed 7-8-99; operative 8-7-99 (Register 99, No. 28).
4. Amendment of subsections (a), (b)(6), (c)(4), (c)(7) and (d)-(f) filed 8-29-2023; operative 10/1/2023 (Register 2023, No. 35).

Note: Authority cited: Section 1144, Labor Code. Reference: Sections 1160.2 and 1160.3, Labor Code.

1. Repealer and new section filed 12-31-82; effective thirtieth day thereafter (Register 83, No. 1).
2. Amendment of subsections (c)(1) and (e) and new subsection (f) filed 9-20-91; operative 10-21-91 (Register 92, No. 4).
3. Amendment of subsection (d) filed 7-8-99; operative 8-7-99 (Register 99, No. 28).
4. Amendment of subsections (a), (b)(6), (c)(4), (c)(7) and (d)-(f) filed 8-29-2023; operative 10/1/2023 (Register 2023, No. 35).