4.3 - Prehearing Statements

(a) Generally

At any time prior to a hearing, the ALJ may order any party to file a prehearing statement.

(b) Stipulated Facts

Prior to filing prehearing statements, the parties should communicate and confer in a good faith effort to reach stipulations (or agreement) of fact in the case to the fullest extent possible.

(c) Contents of Prehearing Statements

A prehearing statement must identify the name of the party who is filing it and must include the following information (unless otherwise ordered by the ALJ):

• the issues involved in the proceedings;
• facts stipulated to, along with a statement that the parties have communicated or conferred in a good faith effort to stipulate to the fullest extent possible;
• facts in dispute;
• witnesses;
• exhibits by which disputed facts will be litigated;
• a brief statement of applicable law;
• the conclusions to be drawn from the applicable law and facts;
• the estimated time required for presentation of the party’s case; and
• any other appropriate comments, suggestions, or information that might assist the parties and/or the ALJ in preparing for the hearing or that might otherwise aid in the disposition of the proceeding.