[Code of Federal Regulations]

[Title 9, Volume 2]

[Revised as of January 1, 2007]

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

[CITE: 9CFR202.110]



[Page 39-40]

 

                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS

 

  CHAPTER II--GRAIN INSPECTION, PACKERS AND STOCKYARDS ADMINISTRATION 

      (PACKERS AND STOCKYARDS PROGRAMS), DEPARTMENT OF AGRICULTURE

 

PART 202_RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE PACKERS

AND STOCKYARDS ACT--Table of Contents

 

Sec. 202.110  Rule 10: Prehearing conference.



    (a) The presiding officer, at any time prior to the commencement of 

the hearing, may request the parties or their counsel to appear at a 

conference before the presiding officer to consider:

    (1) The simplification of issues;

    (2) The necessity of amendments to pleadings;

    (3) The possibility of obtaining stipulations of fact and of the 

authenticity, accuracy, and admissibility of documents, which will avoid 

unnecessary proof;

    (4) The limitation of the number of expert or other witnesses;

    (5) The negotiation, compromise, or settlement of issues;

    (6) The exchange of copies of proposed exhibits;

    (7) The identification of documents or matters of which official 

notice may be requested;

    (8) A schedule to be followed by the parties for completion of the 

actions decided at the conference; or

    (9) Such other matters as may expedite and aid in the disposition of 

the proceeding.



No transcript or recording of such a conference shall be made, but the 

presiding officer shall prepare and file for the record a written 

summary if any action is taken at the conference, which shall 

incorporate any written stipulations or agreements made by the parties 

at the conference or as a result of the conference.

    (b) Manner of the prehearing conference. (1) The prehearing 

conference shall be conducted by telephone or correspondence unless the 

presiding officer determines that conducting the prehearing conference 

by audio-visual telecommunication:

    (i) Is necessary to prevent prejudice to a party;

    (ii) Is necessary because of a disability of any individual expected 

to participate in the prehearing conference; or

    (iii) Would cost less than conducting the prehearing conference by 

telephone or correspondence. If the presiding officer determines that a 

prehearing conference conducted by audio-visual telecommunication would 

measurably increase the United States Department of Agriculture's cost 

of conducting the prehearing conference, the prehearing conference shall 

be conducted by personal attendance of any individual who is expected to 

participate in the prehearing conference, by telephone, or by 

correspondence.

    (2) If the prehearing conference is not conducted by telephone or 

correspondence, the prehearing conference shall be conducted by audio-

visual telecommunication unless the presiding officer determines that 

conducting the prehearing conference by personal attendance of any 

individual who is expected to participate in the prehearing conference:

    (i) Is necessary to prevent prejudice to a party;

    (ii) Is necessary because of a disability of any individual expected 

to



[[Page 40]]



participate in the prehearing conference; or

    (iii) Would cost less than conducting the prehearing conference by 

audio-visual telecommunication.



[43 FR 30510, July 14, 1978, as amended at 60 FR 8466, Feb. 14, 1995]