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§ 1026. Prehearing Conferences.

1 CA ADC § 1026BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Barclays Official California Code of Regulations Currentness
Title 1. General Provisions
Division 2. Office of Administrative Hearings
Chapter 1. General APA Hearing Procedures (Refs & Annos)
1 CCR § 1026
§ 1026. Prehearing Conferences.
(a) After a Case is assigned to OAH, any party may file with OAH and Serve on all parties a request for a prehearing conference. A request for a prehearing conference shall be directed to the Presiding Judge and state the reasons for the conference. If the request is granted, OAH shall set the date and time for the conference. Regulation 1022 does not apply to a request for a prehearing conference.
(b) Motions to be heard at the prehearing conference shall be filed with OAH no later than 15 Days before the prehearing conference and shall otherwise comply with Regulation 1022. Responses shall be filed with OAH no later than 3 business days prior to the prehearing conference. The ALJ may, in his or her discretion, allow oral Motions during the prehearing conference.
(c) A request to continue the date of the prehearing conference shall be directed to the Presiding Judge. After commencement of the prehearing conference, the assigned ALJ may continue it to any other convenient time prior to the Hearing date.
(d) At least 3 business days before a prehearing conference, each party shall file with OAH and Serve on all other parties a prehearing conference statement containing the following information:
(1) Identification of all operative pleadings by title and date signed;
(2) The party's current estimate of time necessary to try the Case;
(3) The name of each witness the party may call at the Hearing along with a brief statement of the subject matter of the witness's expected testimony;
(4) The identity of any witness whose testimony will be presented by affidavit pursuant to section 11514;
(5) The name and address of each expert witness the party intends to call at the Hearing along with a brief statement of the opinion the expert is expected to give and a copy of the expert's current resume;
(6) The need for an interpreter or special accommodation;
(7) A list of the documentary exhibits the party intends to present and a description of any physical or demonstrative evidence; and
(8) A concise statement of any legal issues or affirmative defenses that may affect the presentation of evidence or the disposition of the Case.
(e) Exhibits need not be premarked or filed with the prehearing conference statements unless requested by the ALJ. Exhibits shall be exchanged between the parties at least 3 business days before the prehearing conference. On agreement of the parties, exhibits already produced in discovery need not be exchanged.
(f) The prehearing conference may be held by telephone or other electronic means pursuant to section 11511.5(c).
(g) After the prehearing conference, the ALJ shall issue a prehearing conference order which incorporates the matters determined at the conference. This order may be issued orally if an accurate record is made. Agreements on the simplification of issues, amendments, stipulations, or other matters may be entered on the record or may be made the subject of a written order by the ALJ. If no matters were determined or dates set at the prehearing conference, a prehearing conference order is not required.
(h) Upon request of a party, the ALJ shall prepare a written prehearing conference order. The ALJ may direct a party to prepare a proposed prehearing conference order.
Note: Authority cited: Section 11370.5(b), Government Code. Reference: Sections 11420.10, 11445.10, 11511.5 and 11514, Government Code.
HISTORY
1. New section filed 6-30-97 as an interim regulation pursuant to Government Code section 11400.20; operative 7-1-97 (Register 97, No. 27). Interim regulations expire on 12-31-98 unless earlier repealed or amended.
2. Interim regulation, including amendment of subsections (a), (b), (d), (d)(3), (d)(5), (d)(7) and (e), filed 5-19-98 as a permanent regulation pursuant to Government Code section 11400.20; operative 5-30-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 21).
3. Amendment filed 10-13-2004; operative 12-1-2004 (Register 2004, No. 42).
This database is current through 5/6/22 Register 2022, No. 18
1 CCR § 1026, 1 CA ADC § 1026
End of Document