1. (a) The director, in consultation with the investigator, shall consider the factors stated in (b) below when deciding whether a pre-determination conference shall be held.

2. (b) Factors to be considered when deciding whether to schedule a pre-determination conference shall include, but not be limited to:

   1. (1) The following factors favoring the scheduling of such a conference:

      1. a. Bringing the parties together would likely result in a negotiated settlement;
      2. b. Bringing the parties together would enable the investigator to obtain factual information in a manner more efficient than conducting individual, separate interviews;
      3. c. Bringing the parties together would enable the investigator to resolve apparent contradictions in allegations of fact; and
      4. d. Viewing the parties in person would enhance the assessment of credibility; and

   2. (2) The following factors disfavoring the scheduling of such a conference:

      1. a. Settlement is not likely, or might be achieved through alternate methods;
      2. b. The primary issue is the legal interpretation of the statute or rules;
      3. c. There are few differences of fact in the allegations of the parties, and information can be obtained through separate interviews;
      4. d. Holding the conference is likely to arouse hostility;
      5. e. Holding the conference is likely to cause delay; and
      6. f. Holding the conference will otherwise fail to aid the investigation.

Source. #6686, eff 2-5-98, EXPIRED: 2-5-06 New. #8589, INTERIM, eff 3-18-06, EXPIRED: 9-14-06 New. (See Revision Note at chapter heading for Hum 200) #8814, eff 2-3-07, EXPIRED: 2-3-15