Or. Admin. Code § 582-020-0060 - Prehearing Conferences

(1) Prior to hearing, the IHO shall conduct at least one prehearing conference to facilitate the conduct and resolution of the case. Unless both parties agree that no conference is desired, the parties must attend and participate in at least one scheduled prehearing conference.

(2) The purposes of a prehearing conference may include, but are not limited to the following:

(a) To facilitate discovery and resolve disagreements about discovery;

(b) To identify, simplify, and clarify issues directly related to the disputed Program action identified in the hearing request;

(c) To eliminate irrelevant or non-hearable issues;

(d) To obtain stipulations of fact and admit documents into evidence;

(e) To provide to the IHO and parties, in advance of the hearing, copies of all documents intended to be offered as evidence at the hearing and the names of all witnesses expected to testify;

(f) To authenticate documents;

(g) To decide the order of proof and other procedural matters pertaining to the conduct of the hearing;

(h) To discuss the use of a collaborative dispute resolution process in lieu of or preliminary to holding the contested case hearing;

(i) To schedule the date, time and location of the hearing or for any other matters connected with the hearing, including motion hearings, dates for pre-filed testimony and exhibits and exchange of exhibits and witness lists; and

(j) To discuss settlement or other resolution or partial resolution of the case.

(3) The prehearing conference may be conducted in person or by telephone.

(4) The IHO shall make a written record of any stipulations, rulings and agreements. Stipulations to facts and to the authenticity of documents and agreements to narrow issues shall be binding upon the parties to the stipulation unless good cause is shown for rescinding a stipulation or agreement.

Notes

Or. Admin. Code § 582-020-0060

VRD 4-1997, f. & cert. ef. 11-20-97; VRS 1-2004, f. & cert. ef. 1-30-04; VRS 3-2020, amend filed 02/21/2020, effective 3/6/2020; VRS 1-2023, amend filed 03/31/2023, effective 4/14/2023

Statutory/Other Authority: ORS 344.530 & 344.590

Statutes/Other Implemented: ORS 344.511 - 344.690