SECTION 101.925. Prehearing Conferences

(a) The impartial hearing officer may hold a prehearing conference to resolve matters preliminary to the hearing. At the discretion of the impartial hearing officer, a prehearing conference may be held by telephone (directly or by relay). A prehearing conference may be convened to address any or all of the following matters:

(1) notice of jurisdiction or the impartial hearing officer's authority;

(2) scope or party status;

(3) the date and location of the final hearing;

(4) factual and legal issues;

(5) motions;

(6) issuance of subpoenas;

(7) discovery disputes;

(8) scheduling;

(9) stipulations;

(10) settlement conferences;

(11) requests for official notice;

(12) identification and exchange of documentary evidence;

(13) admissibility of evidence;

(14) identification and qualification of witnesses;

(15) order of presentation; and

(16) other matters that promote the orderly and prompt conduct of the hearing.

(b) Within five business days of the date on which the IHO receives the appellant's petition or request for review, the impartial hearing officer shall notify the appellant in writing of any other matters the impartial hearing officer considers expedient for an orderly conduct of the prehearing, including the following:

(1) the final or merits hearing will be held within 60 days after the date when the hearings coordinator received the petition or request for review;

(2) the appellant's right to request mediation;

(3) the reasons for the prehearing conference;

(4) the way the appellant might request a continuance of the prehearing conference;

(5) the effect of failing to participate in a prehearing conference; and

(6) the appellant's right to be represented.

Source Note: The provisions of this §101.925 adopted to be effective March 12, 2012, 37 TexReg 1706