[Code of Federal Regulations]
[Title 5, Volume 3, Parts 1200 to end]
[Revised as of January 1, 1999]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR2423.24]

[Page 394-395]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
 CHAPTER XIV--FEDERAL LABOR RELATIONS AUTHORITY, GENERAL COUNSEL OF THE 
  FEDERAL LABOR RELATIONS AUTHORITY AND FEDERAL SERVICE IMPASSES PANEL
 
PART 2423--UNFAIR LABOR PRACTICE PROCEEDINGS--Table of Contents
 
            Subpart B--Post Complaint, Prehearing Procedures
 
Sec. 2423.24  Powers and duties of the Administrative Law Judge during prehearing proceedings.

    (a) Prehearing procedures. The Administrative Law Judge shall 
regulate the course and scheduling of prehearing matters, including 
prehearing orders, conferences, disclosure, motions, and subpoena 
requests.
    (b) Changing date, time, or place of hearing. After issuance of the 
complaint or any prehearing order, the Administrative Law Judge may, in 
the Judge's discretion or upon motion by any party through the motions 
procedure in Sec. 2423.21, change the date, time, or place of the 
hearing.
    (c) Prehearing order. (1) The Administrative Law Judge may, in the 
Judge's discretion or upon motion by any party through the motions 
procedure in Sec. 2423.21, issue a prehearing order confirming or 
changing:
    (i) The date, time, or place of the hearing;
    (ii) The schedule for prehearing disclosure of witness lists and 
documents intended to be offered into evidence at the hearing;
    (iii) The date for submission of procedural and substantive motions;
    (iv) The date, time, and place of the prehearing conference; and
    (v) Any other matter pertaining to prehearing or hearing procedures.
    (2) The prehearing order shall be served in accordance with 
Sec. 2429.12 of this subchapter.
    (d) Prehearing conferences. The Administrative Law Judge shall 
conduct one or more prehearing conferences, either by telephone or in 
person, at least 7 days prior to the hearing date, unless the 
Administrative Law Judge determines that a prehearing conference would 
serve no purpose and no party has moved for a prehearing conference in 
accordance with Sec. 2423.21. If a prehearing conference is held, all 
parties

[[Page 395]]

must participate in the prehearing conference and be prepared to 
discuss, narrow, and resolve the issues set forth in the complaint and 
answer, as well as any prehearing disclosure matters or disputes. When 
necessary, the Administrative Law Judge shall prepare and file for the 
record a written summary of actions taken at the conference. Summaries 
of the conference shall be served on all parties in accordance with 
Sec. 2429.12 of this subchapter. The following may also be considered at 
the prehearing conference:
    (1) Settlement of the case, either by the Judge conducting the 
prehearing conference or pursuant to Sec. 2423.25;
    (2) Admissions of fact, disclosure of contents and authenticity of 
documents, and stipulations of fact;
    (3) Objections to the introduction of evidence at the hearing, 
including oral or written testimony, documents, papers, exhibits, or 
other submissions proposed by a party;
    (4) Subpoena requests or petitions to revoke subpoenas;
    (5) Any matters subject to official notice;
    (6) Outstanding motions; or
    (7) Any other matter that may expedite the hearing or aid in the 
disposition of the case.
    (e) Sanctions. The Administrative Law Judge may, in the Judge's 
discretion or upon motion by any party through the motions procedure in 
Sec. 2423.21, impose sanctions upon the parties as necessary and 
appropriate to ensure that a party's failure to fully comply with 
subpart B or C of this part is not condoned. Such authority includes, 
but is not limited to, the power to:
    (1) Prohibit a party who fails to comply with any requirement of 
subpart B or C of this part from, as appropriate, introducing evidence, 
calling witnesses, raising objections to the introduction of evidence or 
testimony of witnesses at the hearing, presenting a specific theory of 
violation, seeking certain relief, or relying upon a particular defense.
    (2) Refuse to consider any submission that is not filed in 
compliance with subparts B or C of this part.