SECTION 157.1053. Prehearing Conference  


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  • (a) In any hearing, the administrative law judge or a party may move for the setting of a prehearing conference. At the administrative law judge's discretion, the parties shall be directed to appear, either in person or by telephone, at a specific time for a conference prior to a hearing on the merits for the purposes of considering any of the following:

    (1) the formulation or simplification of issues;

    (2) admission of certain assertions of fact or stipulations;

    (3) the procedure at the hearing on the merits, if the hearing is de novo;

    (4) any limitation, where possible, of the number of witnesses, if the hearing is de novo; and/or

    (5) such other matters as may aid in the simplification of the hearing or the disposition of matters in controversy, including the settlement of matters in dispute.

    (b) Action taken at the conference shall be recorded in the manner directed by the administrative law judge.

    (c) A written request to reschedule a telephonic conference must contain a statement that all parties have been consulted or the reason why all parties were not consulted and list any objection and shall set forth three alternate dates and times for rescheduling the conference.

Source Note: The provisions of this §157.1053 adopted to be effective April 7, 1993, 18 TexReg 1928; amended to be effective July 20, 2004, 29 TexReg 6887