La. Admin. Code tit. 1 § III-707

Current through Register Vol. 50, No. 11, November 20, 2024

Section III-707 - Prehearing Conferences and Orders (formerly Section 527)

A. An administrative law judge, upon his/her own motion, or upon motion of any party, may direct the parties or their representatives to engage in a prehearing conference. The administrative law judge shall set the time and place for a prehearing conference, and shall give reasonable notice of the prehearing conference to all parties. Prehearing conferences may be conducted by telephone. Prehearing conferences will be conducted in accordance with R.S. 49:998, for the purpose of dealing with any of the following:

1. exploration of settlement possibilities;

2. possibility of obtaining stipulations or admissions of fact;

3. simplification of issues;

4. rulings on the identities and limitation on the number of witnesses;

5. objections to proffers of evidence;

6. order of presentation of evidence and cross-examination;

7. rulings regarding issuance of subpoenas and protective orders;

8. schedules for the submission of written briefs;

9. schedules for the conduct of a hearing; and

10. any other matter to promote the orderly and prompt conduct of the adjudication.

B. After a prehearing conference, the administrative law judge may require, prior to a hearing on the merits, that the parties submit a joint proposed prehearing order approved and signed by all parties, or their counsel of record, incorporating the matters determined at the prehearing conference. Except as otherwise provided, the proposed prehearing order shall set forth the following:

1. a brief but comprehensive statement of the factual and legal contentions of each party;

2. a list of all legal authority, including statutes, code articles, regulations, and cases relied upon by each party;

3. a detailed itemization of all pertinent uncontested facts established by pleadings, stipulations, and admissions;

4. a detailed itemization of all contested issues of fact;

5. a list of all contested issues of law;

6. a list and brief description of all exhibits to be offered into evidence by each party. Exhibits to be used solely for impeachment or rebuttal need not be included on the list;

7. a list naming the fact witnesses and the expert witnesses each party may call and a short statement as to the nature of their testimony. Witnesses to be called solely for impeachment or rebuttal need not be included on the list;

8. a list of all matters to be officially noticed;

9. a statement by each party as to the estimated length of time necessary to present its case;

10. any other stipulations;

11. a list of all pending motions;

12. a statement as to any other matters that may be relevant for a prompt disposition of the case; and

13. the following certification: "We certify that we have conferred for the purpose of preparing this joint proposed prehearing order and that we have no objections to the contents of this prehearing order other than those attached" and this order:

"IT IS ORDERED that this matter is set for hearing at _______ o'clock, __.M. on the _____ day of __________ 20__ and to continue until completed."

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ADMINISTRATIVE LAW JUDGE

C. In the event that any party disagrees with the proposed prehearing order, or any part of it, he/she shall attach to the order a signed statement of opposition with reasons, but shall sign the joint proposed prehearing order which shall be deemed to be approved in all respects except those covered in the statement of opposition.

D. Any counsel or other representative attending the prehearing conference shall be knowledgeable of all aspects of the case and possess the necessary authority to commit his/her client to changes, stipulations, and hearing dates.

E. Once an order has been signed setting the case for an adjudicatory hearing on the merits, no amendments to the prehearing order shall be made, except at the discretion of the administrative law judge based upon consent of the parties or for good cause shown. If a party fails to cooperate in preparing or filing a prehearing order, the administrative law judge may proceed with the prehearing conference, sign the prehearing order as drafted, continue the prehearing conference, continue the hearing, or order such other action as necessary to facilitate the hearing.

La. Admin. Code tit. 1, § III-707

Promulgated by Department of Civil Service, Division of Administrative Law, LR 28:44 (January 2002), amended LR 38:2948 (November 2012), repromulgated LR 46320 (3/1/2020).

AUTHORITY NOTE: Promulgated in accordance with R.S. 49:991 et seq.