Pre-decision conferences.

§ 12.303 Pre-decision conferences. (a) During the time period permitted for discovery pursuant to § 12.30(d), and thereafter, Administrative Law Judges may, in their discretion, conduct one or more pre-decision conferences to be held in Washington, DC, or by telephone, with all parties for the purposes of: (1) Discussing the advisability of electing the voluntary decisional procedure; (2) Encouraging a settlement of the entire case, or any part thereof (such discussions may be ex parte with the consent of all parties); (3) Simplifying or clarifying issues; (4) Obtaining stipulations, admissions of fact and of authenticity of documents; (5) Discussing amendments or supplements to the pleadings; (6) Encouraging an early settlement of disputes relating to discovery; and (7) Discussing any matters of relevance in the proceeding. (b) At or following the conclusion of a pre-decision conference, Administrative Law Judges may serve a pre-decision memorandum and order setting forth the agreements reached by the parties, any procedural determinations made by them, and the issues for resolution not disposed of by admissions or agreements by the parties. Such an order shall control the subsequent course of the proceeding unless modified to prevent injustice. [49 FR 6621, Feb. 22, 1984, as amended at 57 FR 20638, May 14, 1992; 86 FR 64358, Nov. 18, 2021]