[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR68.13]

[Page 223]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
 PART 68--RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING ALLEGATIONS OF UNLAWFUL EMPLOYMENT OF 
ALIENS, UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES, AND DOCUMENT FRAUD--Table of Contents
 
Sec. 68.13  Conferences.

    (a) Purpose and scope. (1) Upon motion of a party or in the 
Administrative Law Judge's discretion, the judge may direct the parties 
or their counsel to participate in a prehearing conference at any 
reasonable time prior to the hearing, or in a conference during the 
course of the hearing, when the Administrative Law Judge finds that the 
proceeding would be expedited by such a conference. Prehearing 
conferences normally shall be conducted by conference telephonic 
communication unless, in the opinion of the Administrative Law Judge, 
such method would be impractical, or when such conferences can be 
conducted in a more expeditious or effective manner by correspondence or 
personal appearance. Reasonable notice of the time, place, and manner of 
the prehearing conference shall be given.
    (2) At the conference, the following matters may be considered:
    (i) The simplification of issues;
    (ii) The necessity of amendments to pleadings;
    (iii) The possibility of obtaining stipulations of facts and of the 
authenticity, accuracy, and admissibility of documents, which will avoid 
unnecessary proof;
    (iv) The limitations on the number of expert or other witnesses;
    (v) Negotiation, compromise, or settlement of issues;
    (vi) The exchange of copies of proposed exhibits;
    (vii) The identification of documents or matters of which official 
notice may be requested;
    (viii) A schedule to be followed by the parties for completion of 
the actions decided at the conference; and
    (ix) Such other matters, including the disposition of pending 
motions, as may expedite and aid in the disposition of the proceeding.
    (b) Reporting. A verbatim record of the conference will not be kept 
unless directed by the Administrative Law Judge.
    (c) Order. Actions taken as a result of a conference shall be 
reduced to a written order, unless the Administrative Law Judge 
concludes that a stenographic report shall suffice, or, if the 
conference takes place within seven (7) days of the beginning of the 
hearing, the Administrative Law Judge elects to make a statement on the 
record at the hearing summarizing the actions taken.

[54 FR 48596, Nov. 24, 1989. Redesignated by Order No. 1534-91, 56 FR 
50053, Oct. 3, 1991]