Okla. Admin. Code § 810:10-5-30

Current through Vol. 42, No. 4, November 1, 2024

Section 810:10-5-30 - Prehearing conference

(a) Any party shall have the right to request a prehearing conference before the Commission on any issue by filing a CC-Form-13 Request for Prehearing Conference or electronic equivalent. The requesting party must certify on the request that the parties have conferred or attempted to confer in good faith, but have reached an impasse and are unable to resolve the issue.

(b) Except as otherwise provided in 810:10-3-5, the purpose of the prehearing conference is to permit an informal hearing between the parties and the Administrative Law Judge in an effort to resolve the case or issues in the case before an administrative hearing, and to discuss the facts, identify the legal issues, present discovery requests, make all appropriate stipulations, and discuss such other matters as may facilitate consideration of the case.

(c) The Administrative Law Judge shall set the matter for prehearing conference on the Administrative Law Judge's docket or a Benefit Review Officer's docket, as appropriate, at the earliest available time after the filing of the CC-Form-13. Notice of the date, time and place of the prehearing conference shall be provided by the Commission to all parties or their attorneys of record.

(d) Nothing in this Section shall limit a party's right to request a conference with the assigned Administrative Law Judge at the time of the administrative hearing.

(e) The Commission, in its discretion, may order the appearance of any party or attorney at any prehearing conference or conference requested with the Administrative Law Judge at the time of the administrative hearing. Nothing in this Section shall limit the authority of an Administrative Law Judge to order a prehearing conference or conference at the time of the administrative hearing.

(f) The Commission may, in its discretion, impose an appropriate sanction prescribed in 85A O.S. § 83(B) against an offending party for failure to appear at a conference, appearance at a conference substantially unprepared, failure to participate in the conference in good faith, or for seeking the conference in an effort to delay, harass or increase costs.

Okla. Admin. Code § 810:10-5-30

Adopted by Oklahoma Register, Volume 32, Issue 23, August 17, 2015, eff. 8/27/2015

Amended by Oklahoma Register, Volume 37, Issue 24, September 1, 2020, eff. 9/11/2020