1. (a) The ALJ may require the parties to participate in a prehearing conference, either in person or by telephone or other video/audio teleconferencing. Notwithstanding the mandatory recordings of motions on the record in accordance with § 2700.10(a), any in-person or telephonic conference shall be recorded at a party's request or within the ALJ's discretion. The participants at any such conference may consider and take action with respect to:

   1. (1) The formulation and simplification of the issues;
   2. (2) The possibility of obtaining stipulations, admissions of fact and of documents that will avoid unnecessary proof and advance rulings from the ALJ on the admissibility of evidence;
   3. (3) The exchange of exhibits and the names of witnesses and a synopsis of the testimony expected from each witness;
   4. (4) The necessity or desirability of amendments to the filings and the joinder of parties;
   5. (5) The possibility of agreement disposing of any or all of the issues in dispute;
   6. (6) Such other matters as may aid in the expedition of the hearing or the disposition of the case.
2. (b) The ALJ may also require the parties to submit prehearing statements addressing one or more of the matters set forth in paragraph (a) of this section.

[90 FR 5623, Jan. 17, 2025]