13B.070 Prehearing conference -- Mediation and informal settlement procedures.

179 words·~1 min read·/ky/chapter-13b/13b-070

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(1)A hearing officer may convene and conduct a prehearing conference upon

reasonable notice to all parties to explore jurisdictional matters, mediation and

settlement possibilities, preparation of stipulations, clarification of issues, rulings on

witnesses, taking of evidence, issuance of subpoenas and orders, and other matters

that will promote the orderly and prompt conduct of the hearing.

(2)Upon conclusion of a prehearing conference, the hearing officer shall issue a

prehearing order incorporating all matters determined at the prehearing conference.

If a prehearing conference is not held, the hearing officer may issue a prehearing

order, based on the pleadings, to regulate the conduct of the hearing.

(3)Except to the extent precluded by another provision of law, mediation or informal

settlement of matters that may make unnecessary more elaborate proceedings under

this chapter is encouraged. Agencies that employ informal settlement procedures

shall establish by administrative regulation the specific procedures to be used. This

subsection shall not be construed, however, as requiring any party to settle a matter

pursuant to informal procedures when the right to an administrative hearing is

conferred.