---
kind: "section"
citation: "43 C.F.R. § 4.104"
title: "43"
number: "4.104"
heading: "Prehearing conferences."
url: "https://uscodex.org/cfr/43/4.104"
---

# §4.104. Prehearing conferences.

- (a) **Purpose.** The ALJ may conduct one or more prehearing conferences to facilitate the efficient, fair, and timely resolution of a proceeding.
- (b) **Notice and timing.** At the discretion of the ALJ, prehearing conferences may be scheduled at any appropriate time during the proceeding by issuing an order directing the parties, or their representatives, to appear at a specified date and time. A prehearing conference may occur by telephone, videoconference, or other appropriate means.
- (c) **Matters for consideration.** An ALJ may conduct one or more prehearing conferences to consider scheduling, case management, and other matters including, but not limited to:
  - (1) Simplifying or narrowing the issues;
  - (2) Consolidating proceedings;
  - (3) Discussing the utility of settlement or alternative dispute resolution procedures;
  - (4) Ascertaining the appropriateness and timing of discovery, including the resolution of any discovery disputes;
  - (5) Determining the appropriateness and timing of any prehearing motions, including motions for summary judgment and other dispositive motions;
  - (6) Evaluating the possibility of obtaining agreements or stipulations related to facts or documents;
  - (7) Scheduling a hearing and establishing appropriate hearing procedures;
  - (8) Identifying witnesses and exhibits and scheduling the timing for prehearing disclosures;
  - (9) Addressing issues associated with the admission of evidence;
  - (10) Resolving specific procedural disputes and adopting procedures to manage any potentially difficult or complex issues;
  - (11) Establishing appropriate case-management deadlines; and
  - (12) Discussing any other matters that may aid in the disposition of the proceeding.
- (d) **Final prehearing conference.** Prior to the commencement of any hearing, the ALJ may conduct a final prehearing conference to formulate a hearing plan and to facilitate the admission of evidence and the presentation of witnesses.
- (e) **Request to schedule prehearing conference.** A party may request that the ALJ schedule a prehearing conference by filing a written motion that demonstrates a reasonable justification for the scheduling request.
- (f) **Post-conference orders.** After a prehearing conference, the ALJ will issue an order documenting the actions agreed on and the rulings made by the ALJ during the prehearing conference. The post-conference order will control the subsequent course of the proceeding, unless modified by the ALJ in a written order.

## Notes

### Amendments

[90 FR 2395, Jan. 10, 2025, as amended at 91 FR 29918, May 21, 2026]

### Source

Source: 90 FR 2395, Jan. 10, 2025, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 301, 503-504; 25 U.S.C. 9, 372-74, 410, 2201 et seq.; 43 U.S.C. 1201, 1457; Pub. L. 99-264, 100 Stat. 61, as amended.

### Source

Source: 36 FR 7186, Apr. 15, 1971, unless otherwise noted.

### Amendments

[90 FR 2395, Jan. 10, 2025, as amended at 91 FR 29918, May 21, 2026]