§ 500.712 - Prehearing conferences and submissions.  


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  • (a) Prehearing conferences. The Administrative Law Judge may, on his or her own motion, or at the request of any party for good cause shown, direct counsel for the parties to meet with him or her (in person, by telephone, or by teleconference) at a prehearing conference to address any or all of the following:

    (1) Simplification and clarification of the issues;

    (2) Stipulations, admissions of fact, and the contents, authenticity and admissibility into evidence of documents;

    (3) Matters of which official notice may be taken;

    (4) Limitation of the number of witnesses;

    (5) Summary disposition of any or all issues;

    (6) Resolution of discovery issues or disputes; and

    (7) Such other matters as may aid in the orderly disposition of the proceeding.

    (b) Prehearing orders. At, or within a reasonable time following the conclusion of, any prehearing conference, the Administrative Law Judge shall serve on each party an order setting forth any agreements reached and any procedural determinations made.

    (c) Prehearing submissions. Within 40 calendar days of the receipt of respondent's request for a hearing or at a time set by the Administrative Law Judge, the Office of Foreign Assets Control shall serve on the respondent and upon the Administrative Law Judge, the following:

    (1) Stipulations of fact, if any;

    (2) A list of the exhibits to be introduced at the hearing along with a copy of each exhibit; and

    (3) A list of witnesses to be called to testify at the hearing, including the name and address of each witness and a short summary of the expected testimony of each witness.

    (d) Deadline for respondent's and the other parties’ submissions. Unless for good cause shown the Administrative Law Judge permits an extension of time to file, the respondent and the other parties shall have 20 calendar days from the date of the submission by the Office of Foreign Assets Control of the items set forth in paragraph (c) of this section, and/or of any other party's service of items set forth in this paragraph (d), to serve upon the Administrative Law Judge and all parties, the following:

    (1) Its response to stipulations of fact, if any;

    (2) A list of the exhibits to be introduced at the hearing along with a copy of each exhibit; and

    (3) A list of witnesses to be called to testify at the hearing, including the name and address of each witness and a short summary of the expected testimony of each witness.

    (e) Effect of failure to comply. No witness may testify and no exhibits may be introduced at the hearing if such witness or exhibit is not listed in the prehearing submissions pursuant to paragraphs (c) and (d) of this section, except for good cause shown.