California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 6 - Evidentiary Hearing Process › Subarticle 2 - Prehearing Provisions › Section 57.1 - Prehearing/Settlement Conferences

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						After an evidentiary matter, or any other matter deemed appropriate by the
						Chief ALJ or his or her designee, has been filed with the Appeals Division, the
						matter shall be scheduled for a prehearing/settlement conference, unless
						ordered otherwise.
(b) The ALJ at
						the prehearing/settlement conference shall not preside as the ALJ at the
						evidentiary hearing unless otherwise stipulated by the parties.
(c) Each Appellant and his or her
						representative, and each Respondent and Respondent's representative, shall
						appear in person at all prehearing/settlement conferences. Individually named
						Appellants and Respondents must also personally appear at all
						prehearing/settlement conferences.
(d) Each party or representative who attends
						the prehearing/settlement conference shall be fully familiar with the facts and
						issues in the case. Respondents or their representatives must have full
						settlement authority, or be able to obtain authority immediately by telephone.
						If Respondent's settlement authority is made available by telephone, the ALJ
						may require the person providing settlement authority to participate in a
						teleconference at any time during the two-hour prehearing/settlement
						conference.
(e) A request to
						continue a prehearing/settlement conference shall be addressed to the Chief ALJ
						pursuant to section
						60.2.
(f) Each party shall file a written
						prehearing/settlement conference statement, along with a proof of service, with
						the Appeals Division 12 calendar days prior to the hearing. The statement shall
						contain the following information:
(1) The
						identification by SPB Case Number of all appeals or complaints pending before
						the Appeals Division or the board, arising out of the same transaction,
						occurrence, or series of transactions or occurrences.
(2) A brief summary of any stipulated
						facts.
(3) Identification of
						affirmative defenses to any claim.
(4) A current estimate of the time necessary
						to try the case.
(5) The identity
						of each witness each party may call at the hearing, the subject matter on which
						the witness is expected to present evidence, and a summary of each witness's
						expected testimony. Parties are not required to disclose any witness that will
						be called for rebuttal or impeachment purposes.
(6) The identity of any witness who may be
						called to testify who is an inmate of any correctional facility. In addition,
						at the discretion of the Chief ALJ, such individuals may be required to testify
						via closed circuit television, or by other electronic means.
(7) The name and address of each expert
						witness each party intends to call at the hearing, together with a brief
						statement of the opinion each expert is expected to give, and a copy of the
						current resume or curriculum vitae of each expert witness.
(8) A list of documentary exhibits each party
						intends to present at the hearing, and a description of any physical or
						demonstrative evidence. Parties are not required to disclose exhibits that will
						be used for rebuttal or impeachment purposes.
(9) A concise statement of any significant
						evidentiary issues to assist the ALJ in conducting the hearing.
(10) Dates of unavailability of the parties,
						counsel, and witnesses.
(11) If
						Respondent knows or should know that a portion or all of the hearing will be
						held by videoconference, dates of unavailability of Respondent's
						videoconferencing equipment.