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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 30 - Mineral Resources |
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Chapter I - Mine Safety and Health Administration, Department of Labor |
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SubChapter G - Filing and Other Administrative Requirements |
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Part 44 - Rules of Practice for Petitions for Modification of Mandatory Safety Standards |
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Subpart C - Hearings |
§ 44.23 - Prehearing conferences.
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§ 44.23 Prehearing conferences.
(a) Convening a conference. Upon his own motion or the motion of a party, the administrative law judge may direct the parties or their counsel to meet with him for a conference to consider:
(1) Simplification of issues;
(2) Necessity or desirability of amendments to documents for clarification, simplification, or limitation;
(3) Stipulations and admissions of facts;
(4) Limitation of the number of parties and expert witnesses; and
(5) Such other matters as may tend to expedite the disposition of the proceeding and assure a just conclusion thereof.
(b) Record of conference. The administrative law judge may, where appropriate, issue an order which recites the action taken at the conference, amendments allowed to any filed documents, and agreements made between the parties as to any of the matters considered. The order shall limit the issues for hearing to those not disposed of by admissions or agreements. Such an order controls the subsequent course of the hearing, unless modified at the hearing to prevent manifest injustice.