R151-4-510. Notice of Agency Action, Scheduling and Prehearing Conferences, Hearing Date

(1) Each notice of agency action or initial decision as to a request for agency action: (a) shall contain the time, date, and location of a scheduling conference, that shall be at least 45 days but not more than 60 days after the date of the notice of agency action or initial decision as to a request for agency action; (b) shall contain a clear notice that failure to respond within 30 days after the mailing date of the notice may result in: (i) cancellation of the scheduling conference; and (ii) a default order; and (c) may contain the date, consistent with Section R151-4-108, of the scheduled hearing. (2)(a) The scheduling conference may be in person or electronically by audio, video, or audio and video. (b) Each Party, or their counsel, shall participate in the scheduling conference. (c) The scheduling conference shall include discussion and scheduling of discovery, motions, and other necessary matters. (3) During the scheduling conference, the presiding officer shall issue a verbal order, and shall issue a written order to the same effect within two days after the conclusion of the conference, that shall address each of the following: (a) scheduling a final prehearing conference; (b) setting a deadline for the filing of motions and cross motions, including motions for summary judgment, allowing for motions to be submitted and ruled on before the hearing date; (c) modifying, if appropriate, a deadline for disclosures; (d) resolving discovery issues; (e) establishing a schedule for briefing, discovery needs, expert witness reports, witness and exhibit lists, objections, and other necessary or appropriate matters; (f) if not already scheduled, scheduling a hearing date in compliance with Section R151-4-108; and (g) dealing with other necessary matters. (4) A party joined after the scheduling conference is bound by the order issued as a result of that scheduling conference unless the order is modified in writing pursuant to a stipulation or motion. (5)(a) The presiding officer shall schedule matters consistent with Section R151-4-108. (b) The presiding officer may: (i) adjust time frames as necessary to accommodate Section R151-4-108; and (ii) schedule appropriate matters to occur concurrently.