26 NCAC 03 .0108             PREHEARING CONFERENCE

(a)  The purpose of the prehearing conference is to simplify the issues to be determined, to obtain stipulations in regard to foundations for testimony or exhibits, to obtain stipulations of agreement on nondisputed facts or the application of particular laws, to consider the proposed witnesses for each party, to identify and exchange documentary evidence intended to be introduced at the hearing, to determine deadlines for the completion of any discovery, to establish hearing dates and locations if not previously set, to consider such other matters that may be necessary or advisable and, if possible, to reach a settlement without the necessity for further hearing.  Any final settlement shall be set forth in a settlement agreement or consent order and made a part of the record.

(b)  Upon the request of any party or upon the administrative law judge's own motion, the administrative law judge may hold a prehearing conference prior to a contested case hearing.  The administrative law judge may require the parties to file prehearing statements in accordance with Rule .0104 of this Section.  A prehearing conference shall be an informal proceeding conducted expeditiously by the administrative law judge. Agreements on the simplification of issues, amendments, stipulations, or other matters may be entered on the record or may be made the subject of an order by the administrative law judge.  Venue for purposes of a prehearing conference shall be determined in accordance with G.S. 150B‑24.


History Note:        Authority G.S. 150B‑33(b)(4),(5);

Eff. August 1, 1986;

Amended Eff. February 1, 1994; April 1, 1990; November 1, 1987;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.