[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 45CFR160.512]



[Page 719-720]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 160_GENERAL ADMINISTRATIVE REQUIREMENTS--Table of Contents

 

                    Subpart E_Procedures for Hearings

 

Sec.  160.512  Prehearing conferences.



    (a) The ALJ must schedule at least one prehearing conference, and 

may schedule additional prehearing conferences as appropriate, upon 

reasonable notice, which may not be less than 14 business days, to the 

parties.

    (b) The ALJ may use prehearing conferences to discuss the 

following--

    (1) Simplification of the issues;



[[Page 720]]



    (2) The necessity or desirability of amendments to the pleadings, 

including the need for a more definite statement;

    (3) Stipulations and admissions of fact or as to the contents and 

authenticity of documents;

    (4) Whether the parties can agree to submission of the case on a 

stipulated record;

    (5) Whether a party chooses to waive appearance at an oral hearing 

and to submit only documentary evidence (subject to the objection of the 

other party) and written argument;

    (6) Limitation of the number of witnesses;

    (7) Scheduling dates for the exchange of witness lists and of 

proposed exhibits;

    (8) Discovery of documents as permitted by this subpart;

    (9) The time and place for the hearing;

    (10) The potential for the settlement of the case by the parties; 

and

    (11) Other matters as may tend to encourage the fair, just and 

expeditious disposition of the proceedings, including the protection of 

privacy of individually identifiable health information that may be 

submitted into evidence or otherwise used in the proceeding, if 

appropriate.

    (c) The ALJ must issue an order containing the matters agreed upon 

by the parties or ordered by the ALJ at a prehearing conference.