1. (a) When appropriate, the administrative law judge may hold a prehearing conference to resolve matters preliminary to the hearing. At the discretion of the administrative law judge, a prehearing conference may be held by telephone.

2. (b) A prehearing conference may be convened to address the following matters:

   1. (1) notice or jurisdiction;
   2. (2) scope or party status;
   3. (3) venue;
   4. (4) factual and legal issues;
   5. (5) motions;
   6. (6) issuance of subpoenas;
   7. (7) discovery disputes;
   8. (8) scheduling;
   9. (9) stipulations;
   10. (10) settlement conferences;
   11. (11) requests for official notice;
   12. (12) identification and exchange of documentary evidence;
   13. (13) admissibility of evidence;
   14. (14) identification and qualification of witnesses;
   15. (15) order of presentation; and
   16. (16) such other matters as will promote the orderly and prompt conduct of the hearing.
3. (c) At the discretion of the administrative law judge, all or part of the prehearing conference may be recorded or transcribed.

Source Note:The provisions of this §2.9 adopted to be effective January 9, 2003, 28 TexReg 479.