---
kind: "section"
citation: "50 C.F.R. § 18.81"
title: "50"
number: "18.81"
heading: "Prehearing conference."
url: "https://uscodex.org/cfr/50/18.81"
---

# §18.81. Prehearing conference.

- (a) After an examination of all the direct testimony submitted pursuant to [§ 18.77](/cfr/50/18.77.md), the presiding officer shall make a preliminary determination of issues of fact which may be addressed at the hearing.
- (b) The presiding officer's preliminary determination shall be made available at the place or places provided in the notice of the hearing ([§ 18.74(b)(8)](/cfr/50/18.74.md?p=b-8)) at least five days before the prehearing conference is held.
- (c) The purpose of the prehearing conference shall be to enable the presiding officer to determine, on the basis of the direct testimony submitted and prehearing discussions:
  - (1) Whether the presiding officer's preliminary determination of issues of fact for the hearing has omitted any significant issues;
  - (2) What facts are not in dispute;
  - (3) Which witnesses may appear at the hearing; and
  - (4) **The nature of the interest of each party and which parties' interests are adverse.**
- (d) Only parties may participate in the prehearing conference, and a party may appear in person or be represented by counsel.

## Notes

### Source

Source: 41 FR 5396, Feb. 6, 1976, unless otherwise noted.

### Authority

Authority: 16 U.S.C. 1361 et seq.

### Source

Source: 39 FR 7262, Feb. 25, 1974, unless otherwise noted.