Section 6-A2117. PRELIMINARY HEARING CONFERENCE

 

2117.1If the complaint examiner determines that an evidentiary hearing is necessary, a preliminary hearing conference shall be scheduled within fifteen (15) days of his or her assignment to the matter. The conference may be conducted by telephone or in person and may include the parties or their designated representatives. Notice of such conference shall include the time, date and location of the conference and shall be sent to all parties.

 

2117.2The conference shall be conducted by the complaint examiner for the following purposes:

 

(a)To facilitate the exchange of relevant information;

 

(b)To reach any stipulations of fact;

 

(c)To determine the authenticity of any documents;

 

(d)To identify all witnesses known at the time;

 

(e)To present, discuss, or resolve any matters as may aid in the orderly disposition of the proceeding or expedite the presentation of evidence;

 

(f)To set the time, date and location of the evidentiary hearing, which shall occur no more than sixty (60) days after his or her assignment to the matter; and

 

(g)To determine whether the complaint can be resolved through mediation or conciliation and to undertake either process if appropriate.

 

2117.3If the parties resolve the complaint at this conference, the complaint examiner shall draft a written mediation or conciliation agreement and have both parties sign it. The agreement shall then be entered into the file and submitted to the Executive Director.

 

2117.4Failure of a party to appear at the preliminary hearing conference may result in a decision against that party. The subject officer and complainant may request that their presence be waived and send an attorney or other representative to attend the conference.

 

source

Final Rulemaking published at 49 DCR 8347 (August 30, 2002).