[Code of Federal Regulations]

[Title 49, Volume 4]

[Revised as of October 1, 2005]

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

[CITE: 49CFR201.13]



[Page 12]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 201_FORMAL RULES OF PRACTICE FOR PASSENGER SERVICE--Table of Contents

 

Sec. 201.13  Prehearing conference.



    (a) After an examination of all the direct testimony submitted, the 

presiding officer shall make a preliminary determination of issues of 

fact to be addressed at the hearing.

    (b) The presiding officer's preliminary determination shall be made 

available at the place or places provided in the notice of the hearing 

at least five days before the prehearing conference is held.

    (c) The purpose of the prehearing conference shall be to enable the 

presiding officer to determine, on the basis of the direct testimony 

submitted and prehearing discussions:

    (1) Whether the presiding officer's preliminary determination of 

issues of fact for the hearing has omitted or misconstrued any 

significant issues, and

    (2) The nature of the interest of each party and which parties' 

interests are adverse.

    (d) Only parties may participate in the prehearing conference. A 

party may appear in person or be represented by counsel.

    (e) Parties who do not appear at the prehearing conference shall be 

bound by the conference's determinations.