---
kind: "section"
citation: "50 C.F.R. § 228.11"
title: "50"
number: "228.11"
heading: "Prehearing conference."
url: "https://uscodex.org/cfr/50/228.11"
---

# §228.11. Prehearing conference.

- (a) After an examination of all the direct testimony submitted pursuant to [§ 228.7](/cfr/50/228.7.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 ([§ 228.4(b)(8)](/cfr/50/228.4.md?p=b-8)) at least 5 days before the prehearing conference.
- (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 hearing conference and a party may appear in person or be represented by counsel.
- (e) Parties who do not appear at the prehearing conference shall be bound by the conference's determinations.

## Notes

### Authority

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

### Source

Source: 65 FR 39560, June 27, 2000, unless otherwise noted.