[Code of Federal Regulations]

[Title 33, Volume 1]

[Revised as of July 1, 2005]

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

[CITE: 33CFR20.501]



[Page 78-79]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

         CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY

 

PART 20_RULES OF PRACTICE, PROCEDURE, AND EVIDENCE FOR FORMAL 

ADMINISTRATIVE PROCEEDINGS OF THE COAST GUARD--Table of Contents

 

                  Subpart E_Conferences and Settlements

 

Sec. 20.501  Conferences.





    (a) Any party may by motion request a conference.

    (b) The ALJ may direct the parties to attend one or more conferences 

before or during a hearing.

    (c) The ALJ may invite interested persons to attend a conference, 

other than a settlement conference, as the ALJ deems appropriate.

    (d) The ALJ shall give reasonable notice of the time and place of 

any conference to the parties, and to interested persons if invited. A 

conference may occur in person, by telephone, or by other appropriate 

means.

    (e) Each party, and any interested person invited, shall be fully 

prepared for a useful discussion of all issues properly before the 

conference, both procedural and substantive, and be authorized to commit 

themselves or those they represent respecting those issues.

    (f) Unless the ALJ excuses a party, the failure of a party to attend 

or participate in a conference, after being served with reasonable 

notice of its time and place, waives all objections to any agreements 

reached in it and to any consequent orders or rulings.

    (g) The ALJ may direct that any of the following be addressed or 

furnished before, during, or after the conference:

    (1) Methods of service and filing.

    (2) Motions for consolidation or severance of parties or issues.

    (3) Motions for discovery.

    (4) Identification, simplification, and clarification of the issues.

    (5) Requests for amendment of the pleadings.

    (6) Stipulations and admissions of fact and of the content and 

authenticity of documents.

    (7) The desirability of limiting and grouping witnesses, so as to 

avoid duplication.

    (8) Requests for official notice and particular matters to be 

resolved by reliance upon the substantive standards, rules, and other 

policies of the Coast Guard.

    (9) Offers of settlement.

    (10) Proposed date, time, and place of the hearing.

    (11) Other matters that may aid in the disposition of the 

proceeding.

    (h) No one may stenographically report or otherwise record a 

conference unless the ALJ allows.

    (i) During a conference, the ALJ may dispose of any procedural 

matters on which he or she is authorized to rule.

    (j) Actions taken at a conference may be memorialized in--

    (1) A stenographic report if authorized by the ALJ;

    (2) A written transcript from a magnetic tape or the equivalent if 

authorized by the ALJ; or



[[Page 79]]



    (3) A statement by the ALJ on the record at the hearing summarizing 

them.