§ 12.206 - Pre-decision conferences.

§ 12.206 Pre-decision conferences.

(a) At any time after a summary decisional proceeding has been commenced pursuant to § 12.26(b), the

Judgment Officer

Administrative Judge may, in

his

their discretion, conduct one or more pre-decision conferences to be held in Washington, DC, or by telephone, with all parties, for the purposes of:

(

a

1) Discussing the advisability of electing the voluntary decisional procedure;

(

b

2) Encouraging settlement of the entire case, or any part thereof, (such discussions may be ex parte with the consent of all parties);

(

c

3) Simplifying or clarifying issues;

(

d

4) Obtaining stipulations, admissions of fact and of authenticity of documents;

(

e

5) Discussing amendments or supplements to the pleadings;

(

f

6) Encouraging an early settlement of disputes relating to discovery; and

(

g

7) Discussing any matters of relevance in the proceeding.

(b) At or following the conclusion of such a conference, the

Judgment Officer

Administrative Judge may serve a pre-decision memorandum and order setting forth the agreements, if any, reached by the parties, any procedural determinations made by

him

the Administrative Judge, and the issues for resolution not disposed of by the admissions or agreements by the parties. Such order, when issued, shall control the subsequent course of the proceeding unless modified to prevent injustice.

[49 FR 6621, Feb. 22, 1984, as amended at 86 FR 64357, Nov. 18, 2021]