| (a) The impartial hearing officer may hold a prehearing
conference to resolve matters preliminary to the hearing. At the discretion
of the impartial hearing officer, a prehearing conference may be held
by telephone (directly or by relay). A prehearing conference may be
convened to address any or all of the following matters:
(1) notice of jurisdiction or the impartial hearing
officer's authority;
(2) scope or party status;
(3) the date and location of the final hearing;
(4) factual and legal issues;
(5) motions;
(6) issuance of subpoenas;
(7) discovery disputes;
(8) scheduling;
(9) stipulations;
(10) settlement conferences;
(11) requests for official notice;
(12) identification and exchange of documentary evidence;
(13) admissibility of evidence;
(14) identification and qualification of witnesses;
(15) order of presentation; and
(16) other matters that promote the orderly and prompt
conduct of the hearing.
(b) Within five business days of the date on which
the IHO receives the appellant's petition or request for review, the
impartial hearing officer shall notify the appellant in writing of
any other matters the impartial hearing officer considers expedient
for an orderly conduct of the prehearing, including the following:
(1) the final or merits hearing will be held within
60 days after the date when the hearings coordinator received the
petition or request for review;
(2) the appellant's right to request mediation;
(3) the reasons for the prehearing conference;
(4) the way the appellant might request a continuance
of the prehearing conference;
(5) the effect of failing to participate in a prehearing
conference; and
(6) the appellant's right to be represented.
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