Find Legal Information

13B.070 Prehearing conference -- Mediation and informal settlement procedures.

Download pdf

Page 1 of 1 13B.070 Prehearing conference -- Mediation and informal settlement procedures. (1) A hearing officer may convene and conduct a prehearing conference upon reasonable notice to all parties to explore jurisdictional matters, mediation and <br>settlement possibilities, preparation of stipulations, clarification of issues, rulings on <br>witnesses, taking of evidence, issuance of subpoenas and orders, and other matters <br>that will promote the orderly and prompt conduct of the hearing. (2) Upon conclusion of a prehearing conference, the hearing officer shall issue a prehearing order incorporating all matters determined at the prehearing conference. <br>If a prehearing conference is not held, the hearing officer may issue a prehearing <br>order, based on the pleadings, to regulate the conduct of the hearing. (3) Except to the extent precluded by another provision of law, mediation or informal settlement of matters that may make unnecessary more elaborate proceedings under <br>this chapter is encouraged. Agencies that employ informal settlement procedures <br>shall establish by administrative regulation the specific procedures to be used. This <br>subsection shall not be construed, however, as requiring any party to settle a matter <br>pursuant to informal procedures when the right to an administrative hearing is <br>conferred. Effective: July 15, 1998 <br>History: Amended 1998 Ky. Acts ch. 261, sec. 1, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 318, sec. 7, effective July 15, 1996. -- Created 1994 Ky. Acts <br>ch. 382, sec. 7, effective July 15, 1996.