Section Ins 5.33 - Prehearing conference(1) PURPOSES. One or more prehearing conferences may be held to consider or determine any of the following: (a) Possibilities for settling the case.(b) The clarification of issues.(c) The necessity or desirability of amending the pleadings.(d) The possibility of obtaining stipulations of fact, law or evidence that will avoid unnecessary arguments or offers of proof.(e) The party having the burden of proof in the proceeding.(f) The identification of witnesses and evidence for hearing.(g) Limitations on the number of witnesses.(h) The deadline for prefiling exhibits and prepared testimony under s. Ins 5.39(5) (e).(i) Prehearing motions and discovery requests.(j) The need for an interpreter under s. 885.37(3) (b), Stats.(k) The scheduling of proceedings in the contested case, including the date, time and location of additional prehearing conferences, motion hearings and the hearing. (L) The scheduling of any telephonic testimony that will be offered.(m) Other matters which may aid the orderly consideration and disposition of the contested case.(2) MEMORANDUM. At the conclusion of a prehearing conference, the administrative law judge shall prepare a memorandum for the record under s. 227.44(4) (b), Stats., which summarizes the action taken and the agreements reached at the conference. Agreements reached are binding on the parties throughout the proceeding, except as otherwise ordered by the administrative law judge. The administrative law judge may, in conjunction with the memorandum, issue any procedural orders necessary to implement the actions taken at the prehearing conference. Copies of the memorandum shall be served on all parties.(3) SUBMISSION ON BRIEFS. If the parties agree, during or after a prehearing conference, that there is no dispute of material fact, the matter may be submitted to the administrative law judge on written stipulated facts and briefs, as provided in s. Ins 5.41.Wis. Admin. Code Office of the Commissioner of Insurance Ins 5.33
Cr. Register, March, 1996, No. 483, eff. 4-1-96; correction in (1) (j) made under s. 13.93(2m) (b) 7, Stats., Register June 2005 No. 594.