Idaho Admin. Code r. 36.01.01.070 - PREHEARING CONFERENCE

01. Subject of Conference. The Board may direct parties to appear before it to consider: (4-6-23)

a. Any and all matters that can be agreed upon. (4-6-23)

b. Formulating or simplifying the issues. (4-6-23)

c. Stipulations which will avoid unnecessary proof. (4-6-23)

d. Preliminary motions to be made prior to the hearing. (4-6-23)

e. Requiring respondent and appellant to furnish to each other and the Board a list of all witnesses to be called by the parties at the hearing. (4-6-23)

f. The limitation of the number of expert or lay witnesses and the disclosure of the identity of persons having knowledge of relevant facts and who may be called as a witness. (4-6-23)

g. The scheduling of discovery, hearings, or other time sensitive matters. (4-6-23)

h. Discussing settlement. (4-6-23)

i. Fair hearing procedures. (4-6-23)

j. Such other matters that may expedite orderly and speedy conduct as will aid in the disposition of the controversy. (4-6-23)

02. Notice of Prehearing Conference. Notice of the place, date and hour of a prehearing conference will be served at least fourteen (14) days before the time set for the conference, unless the presiding officer finds it necessary or appropriate for the conference to be held earlier. Notices for prehearing conference contain the same information as notices of hearing regarding the Board's obligations under the American with Disabilities Act. (4-6-23)

03. Failure to Appear. Failure of either party to appear at the time and place appointed by the Board under Rule 70 may result in a dismissal of the appeal or the granting of said appeal. (4-6-23)

04. Prehearing Order. The Board or its designate may prepare or require the preparation of an order reciting the findings and action taken at such conference. A prehearing order will control the course of subsequent proceedings unless modified by the Board for good cause. (4-6-23)

05. Determination Upon Results of Conference. If, after the prehearing conference provided for in Rule 70, and after appropriate notice to the parties, the Board determines that there is sufficient evidence and stipulation upon which it can make a decision, it may determine the appeal without conducting a hearing. (4-6-23)

Notes

Idaho Admin. Code r. 36.01.01.070