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Legal Resources | Title 5 |  T5  30309  

Prehearing Conference.   

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The purpose of a prehearing conference is to allow the parties to settle or narrow the dispute. A prehearing conference may be convened at the request of the CELP Official, the institution, or the Hearing Officer. The scope of a prehearing conference is to discuss matters relating to the proposed action, including settlement without a hearing, or narrowing of legal or factual issues to be resolved at the hearing. A prehearing conference is not subject to any procedural requirements except as may be mutually agreed upon by the CELP Official and the institution. A prehearing conference may be held in any manner, including telephone calls or submission of written material, by the institution and the CELP Official. The Hearing Officer shall not participate in any prehearing conference.

As a result of the prehearing conference, the CELP Official and the institution may enter into a Prehearing Agreement which is a written stipulation whereby both the CELP Official and the institution stipulate, in writing and signed by both parties, to certain facts, procedures or points of law, regulation or policy and procedures. The CELP Official and the institution may enter into a written Consent Agreement which fully or partially settles the dispute between the parties. If the CELP Official and the institution enter into a written Consent Agreement which fully settles the dispute and the Consent Agreement so specifies, any pending hearing shall be canceled. If the institution violates any of the provisions of the Consent Agreement the CELP Official may institute termination action.

Authority cited:

Education Code 69763

Reference:

United States Code, Title 20, Section 1078 (b) (a)

United States Code, Title 20, Section 1078-2(a)

Code of Federal Regulations, Title 34, Section 682.401(c)(2)(ii)

Code of Federal Regulations, Title 34, Section 683.31(c)(2)(ii)

Education Code 69763

(Amended by Register 88, No. 35.)