---
kind: "section"
citation: "42 C.F.R. § 1005.6"
title: "42"
number: "1005.6"
heading: "Prehearing conferences."
url: "https://uscodex.org/cfr/42/1005.6"
---

# §1005.6. Prehearing conferences.

- (a) The ALJ will schedule at least one prehearing conference, and may schedule additional prehearing conferences as appropriate, upon reasonable notice to the parties.
- (b) The ALJ may use prehearing conferences to discuss the following—
  - (1) Simplification of the issues;
  - (2) The necessity or desirability of amendments to the pleadings, including the need for a more definite statement;
  - (3) Stipulations and admissions of fact or as to the contents and authenticity of documents;
  - (4) Whether the parties can agree to submission of the case on a stipulated record;
  - (5) Whether a party chooses to waive appearance at an oral hearing and to submit only documentary evidence (subject to the objection of other parties) and written argument;
  - (6) Limitation of the number of witnesses;
  - (7) Scheduling dates for the exchange of witness lists and of proposed exhibits;
  - (8) Discovery of documents as permitted by this part;
  - (9) The time and place for the hearing;
  - (10) Such other matters as may tend to encourage the fair, just and expeditious disposition of the proceedings; and
  - (11) **Potential settlement of the case.**
- (c) The ALJ will issue an order containing the matters agreed upon by the parties or ordered by the ALJ at a prehearing conference.

## Notes

### Authority

Authority: 42 U.S.C. 405(a), 405(b), 1302, 1320a-7, 1320a-7a and 1320c-5.

### Source

Source: 57 FR 3350, Jan. 29, 1992, unless otherwise noted.
