§  1.248   Status conferences.

   (a) The presiding officer may direct the parties or their attorneys to
   appear at a specified time and place for a status conference during the
   course of a hearing proceeding, or to submit suggestions in writing,
   for the purpose of considering, among other things, the matters set
   forth in paragraph (c) of this section. Any party may request a status
   conference at any time after release of the order designating a matter
   for hearing. During a status conference, the presiding officer may
   issue rulings regarding matters relevant to the conduct of the hearing
   proceeding including, inter alia, procedural matters, discovery, and
   the submission of briefs or evidentiary materials.

   (b) The presiding officer shall schedule an initial status conference
   promptly after written appearances have been submitted under § 1.91 or
   § 1.221. At or promptly after the initial status conference, the
   presiding officer shall adopt a schedule to govern the hearing
   proceeding. If the Commission designated a matter for hearing on a
   written record under § § 1.370 through 1.376, the scheduling order shall
   include a deadline for filing a motion to request an oral hearing in
   accordance with § 1.376. If the Commission did not designate the matter
   for hearing on a written record, the scheduling order shall include a
   deadline for filing a motion to conduct the hearing on a written
   record. Except as circumstances otherwise require, the presiding
   officer shall allow a reasonable period prior to commencement of the
   hearing for the orderly completion of all prehearing procedures,
   including discovery, and for the submission and disposition of all
   motions.

   (c) In status conferences, the following matters, among others, may be
   considered:

   (1) Clarifying, amplifying, or narrowing issues designated for hearing;

   (2) Scheduling;

   (3) Admission of facts and of the genuineness of documents (see
   § 1.246), and the possibility of stipulating with respect to facts;

   (4) Discovery;

   (5) Motions;

   (6) Hearing procedure;

   (7) Settlement (see § 1.93); and

   (8) Such other matters that may aid in resolution of the issues
   designated for hearing.

   (d) Status conferences may be conducted in person or by telephone
   conference call or similar technology, at the discretion of the
   presiding officer. An official transcript of all status conferences
   shall be made unless the presiding officer and the parties agree to
   forego a transcript, in which case any rulings by the presiding officer
   during the status conference shall be promptly memorialized in writing.

   (e) The failure of any attorney or party, following reasonable notice,
   to appear at a scheduled status conference may be deemed a waiver by
   that party of its rights to participate in the hearing proceeding and
   shall not preclude the presiding officer from conferring with parties
   or counsel present.

   [ 85 FR 63177 , Oct. 6, 2020]