When held. As early as practicable after the employer has received the documents set forth in 2200.206(a)(1), the presiding Judge will order and conduct a pre-hearing conference. At the discretion of the Judge, the pre-hearing conference may be held in person, or by telephone or electronic means.
Content. At the pre-hearing conference, the parties will discuss the following: settlement of the case;
the narrowing of issues; an agreed statement of issues and facts; defenses; witnesses and exhibits; motions; and any other pertinent matter. Except
under extraordinary circumstances, any affirmative defenses not raised at the pre-hearing conference may not be raised later. At the conclusion of the
conference, the Judge will issue an order setting forth any agreements reached by the parties and will specify in the order the issues to be addressed
by the parties at the hearing.
[47 FR 29527, July 7, 1982, as amended at 57 FR 41689, Sept. 11, 1992; 60 FR 41805, Aug. 14, 1995; 62 FR 40933, July 31, 1997]