These 2-hour telephonic prehearing/settlement conferences are set prior to a full evidentiary hearing, or in appeals from rejection during probation, the submission of written briefs. Settlement conferences offer the parties a chance to meet and negotiate a settlement of their case with the assistance of an SPB Administrative Law Judge (ALJ).
What are the prehearing/settlement conference (PHSC) times?
2022 Prehearing/Settlement Conference Calendar Please note: Prehearing/Settlement Conferences (PHSC) are scheduled for two-hour time slots beginning at 8:30 a.m., 10:30 a.m., 1:30 p.m. or 3:30 p.m. (PST) PHSC weeks are in PINK Holidays are marked in GRAY JANUARY Sun Mon Tue Wed Thu Fri Sat
What is a prehearing Conference (PHC)?
A Prehearing Conference (PHC) is an opportunity for parties to have a prehearing administrative law judge (PALJ) assist them in resolving or simplifying any workers’ compensation issue before their formal hearing with an administrative law judge (ALJ) in the Office of Administrative Courts (OAC).
What is a settlement conference in a civil case?
Settlement Conferences are meetings between opposing parties of a claim where the parties attempt to reach a mutually agreeable resolution of their dispute. They are not fact-finding hearings, and no determination of any issue set for hearing is addressed at a settlement conference.
What is a pre hearing conference in a civil case?
Pre-hearing conferences are held before the actual hearing and are held with the consent of the parties. Prior to the conference, all parties should be given reasonable notice. In addition, reasonable notice must be given to all persons who have filed written petitions to intervene in the matter [i].
Where are settlement conferences held?
A: The settlement conferences are generally held in conference rooms on the third floor of 1525 Sherman Street, Denver, Colorado. Settlement conferences may also be held at other locations and remotely via webinar or telephone.
Who can participate in settlement proceedings?
A: Only the settlement facilitator, the parties and their representatives may participate in settlement proceedings. The settlement facilitator may allow a third party, such as a family member, to attend if that attendance will help in the settlement proceedings.
What happens if a settlement agreement is not achieved?
A: If a settlement agreement is not achieved, the case proceeds to an evidentiary hearing with the ALJ who has been assigned as the hearing judge. The hearing is conducted according to the rules in Chapter 8 of the Personnel Board Rules.
What are the benefits of a settlement?
A: There are numerous benefits to resolving your dispute through the settlement process, including reduced attorney fees, less stress, quicker resolutions, and the opportunity to exercise some degree of control over the final outcome.
Is a settlement conference confidential?
A: Yes. The settlement conference is private, confidential and privileged unless the information disclosed is required to be reported under specific law. Communications between the parties in the settlement conference are not admissible at hearing.
Can parties meet during a settlement conference?
A: Generally, the parties are seated in separate, private rooms during the settlement conference. During the course of a conference, however, parties may meet with each other. If you have a concern, please alert your settlement facilitator in advance of the conference.
Should settlement agreements be written?
A: Any settlement agreement should be put in writing and reviewed by both parties prior to signature. The parties then should file a motion for the hearing judge to dismiss the case based upon reaching a settlement.
What is the SPB?
The SPB assigns lesser adverse actions to the Investigative Review process. The case will be decided on the parties’ written briefs to include relevant legal and factual argument, witnesses’ declarations, and exhibits.
What is an appeal in SPB?
An appeal is opened upon the determination that it both falls under SPB jurisdiction and meets regulatory requirements. Cases are as-signed to different processes based on what action has been appealed.
How many copies of evidence are needed for a SPB hearing?
For in-person hearings, each party must bring 4 copies of all evidentiary documents. For hearings conducted on the Webex platform, each party shall create Exhibit Packages consisting of hard copies and elec-tronic (PDF format) copies of all documents that they intend to intro-duce or display at the hearing, including documents for use by antici-pated rebuttal witnesses. Both the hard and electronic copies of a party’s Exhibit Package shall be consecutively numbered (Bates num-bered) in the lower right corner of each Exhibit Package page. The Bates numbering for the hard and electronic copies shall be identical. The parties shall not pre-mark or staple individual exhibits within their Exhibit Package. All documents shall be printed on one side only. Ad-ditionally, each party must prove the accuracy of any submitted docu-ments. The ALJ will only consider evidence that is submitted before the close of the hearing; evidence will not be accepted at a later time. Declarations from witnesses in lieu of testimony are appropriate in cases assigned to the Investigative Review Process.
What is evidentiary hearing?
At the outset of the hear-ing, each side may present an opening statement that outlines the case for the presiding ALJ. Both sides then offer relevant evidence to prove their respective cases. The party that bears the burden of proof will present evidence and witness testimony first. The opposing party will then have an opportunity to cross-examine the first party’s wit-nesses. After the first party has finished presenting their case, the process will be repeated allowing the second party to present evi-dence and testimony and offering the first party the opportunity for cross-examination.
What is a pre hearing conference?
Pre-hearing conferences are a means for settlement of administrative disputes and an administrative law judge has the power to hold conferences for the settlement or simplification of the issues.
Who issues pre hearing orders?
The presiding officer for the hearing is empowered to issue a prehearing order based on the pleadings of the parties even if a pre-hearing conference is not held. The presiding officer has discretion to issue such an order to regulate the conduct of the proceedings.
When does an administrative law judge issue a prehearing order?
The administrative law judge will issue a prehearing order at the end of a pre-hearing conference. The order shall state the details of the matters determined at the prehearing conference which will govern future proceedings.
Who can direct counsel for all parties to meet with him/her for a conference?
According to the statute, the hearing examiner may, at his discretion, or upon motion by any of the parties, direct counsel for all parties to meet with him/her for a conference.