§ 13.217 - Joint procedural or discovery schedule.

§ 13.217 Joint procedural or discovery schedule.

(a) General. The parties may agree to submit a schedule for filing all prehearing motions, a schedule for conducting discovery in the proceedings, or a schedule that will govern all prehearing motions and discovery in the proceedingsboth.

(b) Form and content of schedule. If the parties agree to a joint procedural or discovery schedule, one of the parties shall must file the joint schedule with the administrative law judge, setting forth the dates to which the parties have agreed, and shall in accordance with § 13.210, and must also serve a copy of the joint schedule on each party. in accordance with § 13.211. The filing of the joint schedule must include a draft order establishing a joint schedule to be signed by the administrative law judge.

(1) The joint schedule may include, but need not be limited to, requests for discovery, any objections to discovery requests, responses to discovery requests to which there are no objections, submission of prehearing motions, responses to prehearing motions, exchange of exhibits to be introduced at the hearing, and a list of witnesses that may be called at the hearing.

(2) Each party shall must sign the original joint schedule to be filed with the administrative law judge.

(c) Time. The parties may agree to submit all prehearing motions and responses and may agree to close discovery in the proceedings under the joint schedule within a reasonable time before the date of the hearing, but not later than 15 days before the hearing.

(d) Order establishing joint scheduleJoint scheduling order. The administrative law judge shall approve the joint schedule filed by the parties . One party shall submit a draft order establishing a joint schedule to is a proposed schedule that requires approval of the administrative law judge to be signed by the administrative law judge and filed with the hearing docket clerkbecome the joint scheduling order.

(e) Disputes. The administrative law judge shall must resolve disputes regarding discovery or disputes regarding compliance with the joint schedule scheduling order as soon as possible so that the parties may continue to comply with the joint schedulescheduling order.

(f) Sanctions for failure to comply with joint schedule. If a party fails to comply with the administrative law judge's order establishing a joint schedulescheduling order, the administrative law judge may direct that party to comply with a motion to discovery request or, limited to the extent of the impose any of the following sanctions, proportional to the party's failure to comply with a motion or discovery request, the administrative law judge maythe order:

(1) Strike that the relevant portion of a party's pleadings;

(2) Preclude prehearing or discovery motions by that party;

(3) Preclude admission of that the relevant portion of a party's evidence at the hearing, ; or

(4) Preclude that the relevant portion of the testimony of that party's witnesses at the hearing.