§ 771.66 Initial conferences.

  1. a.(a) In any proceeding, the administrative law judge, upon his own motion or upon the motion of one of the parties or their qualified representatives, may in the administrative law judge's discretion direct the parties or their qualified representatives to appear at a specified time and place for a conference to consider:

    1. 1.(1) Simplification of the issues;

    2. 2.(2) The necessity of amendments to the pleadings;

    3. 3.(3) The possibility of obtaining stipulations, admissions of facts, and documents;

    4. 4.(4) The possibility of both parties exchanging information or scheduling discovery;

    5. 5.(5) A date on which both parties will simultaneously submit lists of proposed hearing exhibits;

    6. 6.(6) Limiting the number of expert witnesses;

    7. 7.(7) Identifying and, if practicable, scheduling all witnesses to be called; however, there is no requirement in these proceedings for the parties to submit pre-hearing statements or statements of proposed testimony by witnesses; and

    8. 8.(8) Such other matters as may aid in the disposition of the proceeding.

  2. b.(b) As soon as practicable after such conference, the administrative law judge shall issue an order that recites the action taken, the amendments allowed to the pleadings, and the agreements made by the parties or their qualified representatives as to any of the matters considered. The order shall also limit the issues for hearing to those not disposed of by admission or agreement. Such order shall control the subsequent course of the proceedings, unless modified for good cause by a subsequent order. After discovery is complete, the order may be amended or supplemented if necessary.