37.62.941    PREHEARING STATUS CONFERENCE

(1) After a hearing is opened on the record and immediately preceding the presentation of evidence, the presiding ALJ shall conduct, on the record, a case status conference. The purpose of the conference is to:

(a) identify those facts which the parties agree to be true and which will require no proof during the hearing;

(b) identify those hearing exhibits which the parties agree may be entered without objection;

(c) identify the contentions of the parties;

(d) identify and clarify those issues of fact or law, including possible defenses, that remain to be determined by the ALJ during the hearing;

(e) identify any unusual legal or evidentiary issues;

(f) identify and exclude any matter raised by a party that is outside the scope of the hearing or which the ALJ has no authority to determine; and

(g) address such other matters as will promote the orderly and prompt conduct of the hearing.

(2) Based on the information identified in (1) the ALJ shall issue an order directing the course of the hearing as specified in ARM 37.62.945.

(3) If the status conference demonstrates that there are no facts at issue, the ALJ may convert the status conference to a proceeding for summary disposition of the case.

History: Sec. 17-4-105, 40-5-202, 40-5-262, 40-5-272, 40-5-273, 40-5-405, 40-5-713, 40-5-825 and 40-5-906, MCA; IMP, Sec. 17-4-105, 40-5-157, 40-5-202, 40-5-208, 40-5-226, 40-5-233, 40-5-261, 40-5-271, 40-5-273, 40-5-414, 40-5-431, 40-5-703, 40-5-710, 40-5-821, 40-5-822, 40-5-823, 40-5-824 and 40-5-906, MCA; NEW, 2000 MAR p. 3547, Eff. 12/22/00.