The APA states, “employees presiding at hearings may hold conferences for the settlement or simplification of the issues by consent of the parties.” The prehearing conference is the administrative equivalent of a judicial pretrial conference. Because of the issues discussed during the conference, it is a good source of discovery for the parties.

At the prehearing conference, the parties may discuss and identify the issues, discuss stipulations, review exhibits and other evidence, provide a list of witnesses expected to be called, and consider settlement. Also, the presiding official reviews the format and procedure of the hearing with the attorneys. The presiding officer decides when the prehearing conference is to take place.