[Code of Federal Regulations]

[Title 31, Volume 3]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 31CFR501.722]



[Page 63-64]

 

                  TITLE 31--MONEY AND FINANCE: TREASURY

 

 CHAPTER V--OFFICE OF FOREIGN ASSETS CONTROL, DEPARTMENT OF THE TREASURY

 

PART 501_REPORTING, PROCEDURES AND PENALTIES REGULATIONS--Table of 

Contents

 

          Subpart D_Trading With the Enemy Act (TWEA) Penalties

 

Sec. 501.722  Prehearing conferences.



    (a) Purposes of conferences. The purposes of prehearing conferences 

include, but are not limited to:

    (1) Expediting the disposition of the proceeding;

    (2) Establishing early and continuing control of the proceeding by 

the Administrative Law Judge; and

    (3) Improving the quality of the hearing through more thorough 

preparation.

    (b) Procedure. On his or her own motion or at the request of a 

party, the Administrative Law Judge may direct a representative or any 

party to attend one or more prehearing conferences. Such conferences may 

be held with or without the Administrative Law Judge present as the 

Administrative Law Judge deems appropriate. Where such a conference is 

held outside the presence of the Administrative Law Judge, the 

Administrative Law Judge shall be advised promptly by the parties of any 

agreements reached. Such conferences also may be held with one or more 

persons participating by telephone or other remote means.

    (c) Subjects to be discussed. At a prehearing conference 

consideration may be given and action taken with respect to the 

following:

    (1) Simplification and clarification of the issues;

    (2) Exchange of witness and exhibit lists and copies of exhibits;

    (3) Admissions of fact and stipulations concerning the contents, 

authenticity, or admissibility into evidence of documents;

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

    (5) The schedule for exchanging prehearing motions or briefs, if 

any;

    (6) The method of service for papers;

    (7) Summary disposition of any or all issues;

    (8) Settlement of any or all issues;

    (9) Determination of hearing dates (when the Administrative Law 

Judge is present);

    (10) Amendments to the Order Instituting Proceedings or answers 

thereto;

    (11) Production of documents as set forth in Sec. 501.723, and 

prehearing production of documents in response to subpoenas duces tecum 

as set forth in Sec. 501.728; and

    (12) Such other matters as may aid in the orderly and expeditious 

disposition of the proceeding.

    (d) Timing of conferences. Unless the Administrative Law Judge 

orders otherwise, an initial prehearing conference shall be held not 

later than 14 days after service of an answer. A final conference, if 

any, should be held as close to the start of the hearing as reasonable 

under the circumstances.



[[Page 64]]



    (e) Prehearing orders. At or following the conclusion of any 

conference held pursuant to this rule, the Administrative Law Judge 

shall enter written rulings or orders that recite the agreement(s) 

reached and any procedural determinations made by the Administrative Law 

Judge.

    (f) Failure to appear: default. A respondent who fails to appear, in 

person or through a representative, at a prehearing conference of which 

he or she has been duly notified may be deemed in default pursuant to 

Sec. 501.716(a). A respondent may make a motion to set aside a default 

pursuant to Sec. 501.726(e).