NAO may convene a scheduling and/or pre-hearing conference if, for example, an appellate officer in his or her discretion finds a conference will materially advance the proceeding.
NAO shall notify the parties in writing 10 days prior to a conference unless the Chief of NAO orders a shorter period of time for providing notice of conducting a conference. A party may request one change in the scheduled pre-hearing date. In determining whether to grant the request, NAO will consider whether the requesting party has shown good cause for the change in date.
In exercising his or her discretion whether to hold a scheduling and/or pre-hearing conference, an appellate officer may consider:
Settlement, if authorized under applicable law;
Clarifying the issues under review;
Stipulations;
Hearing(s) date, time, and location;
Identifying witnesses for the hearing(s);
Development of the NAO case record, and;
Other matters that may aid in the disposition of the proceedings.
Recording. NAO may record the conference.
Format. At the discretion of the appellate officer, conferences may be conducted by telephone, in person, or by teleconference or similar electronic means.
NAO may issue a written order showing the matters disposed of in the conference and may include in the order other matters related to the appeal.
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