RULE 8. PREHEARING PROCEDURE
A. Conferences.
On the motion of any party filed any time after the answer to the complaint has been filed, or on its own motion, the Commission may hold a conference or conferences with all parties to consider and discuss the following, as appropriate:
1. Mediating the dispute as provided in JRP Rule 17;
2. Clarifying the issues;
3. Amending the pleadings;
4. Obtaining admissions of fact and of documents which will avoid unnecessary proof;
5. Limiting the number of expert witnesses and identifying persons having knowledge of relevant facts who may be called as witnesses;
6. Discovery issues and schedule;
7. Issues of fact and law;
8. Whether the case should be heard by the full Commission because it is a case of first impression, presents a situation to overturn or modify precedent, involves novel or complex facts, or otherwise merits hearing by the full Commission rather than by a Referee; and
9. Any other matter which any party or the Commission deems relevant.
B. Telephone Conferences.
1. In any prehearing proceeding before the Commission, including any scheduling or discovery matter, the Commission may, on motion of any party or on its own motion, direct that the proceeding be conducted by telephone conference with all parties.
2. A motion for telephone conference may be submitted:
a. in writing by hand delivery to the Boise Office at the Chinden Campus 11321 W. Chinden Blvd. (Bldg. #2), Boise, Idaho 83714;
b. faxed to (208) 332-7558;
c. mailed via USPS to P.O. Box 83720, Boise, Idaho 83720-0041; or
d. emailed as an attached PDF to conference.request@iic.idaho.gov.
Service upon all parties must still be completed pursuant to JRP 4. All requests for telephone conference must be made by email if this method of service is available to the parties. Emailed requests will be considered as the original and a same day post marked original will not be required to be filed.
C. Requesting a Hearing.
1. Unless otherwise scheduled for hearing under these rules, no case shall be set for hearing until the time for filing an answer has passed and a party shall have filed with the Commission and served on all other parties a written request for hearing which shall contain the following:
a. Statement of readiness for hearing;
b. Clear and concise statement of the factual and legal issue or issues which the party desires the Commission to hear and decide;
c. Desired location of the hearing;
d. Desired dates of the hearing;
e. Unavailable dates of counsel;
f. Estimated length of the hearing;
g. Whether settlement negotiations have been conducted and if so, the likelihood that settlement will be achieved before hearing;
h. Whether the case should be heard by the full Commission because it is a case of first impression, presents a situation to overturn or modify precedent, involves novel or complex facts, or otherwise merits hearing by the full Commission rather than by a Referee; and
i. Whether a translator or any assistive device will be needed, and any other information that will be helpful to the Commission in scheduling or conducting the hearing.
2. Hearing requests may be submitted:
a. in writing by hand delivery to the Boise Office at the Chinden Campus 11321 W. Chinden Blvd. (Bldg. #2), Boise, Idaho 83714;
b. faxed to 208-332-7558;
c. mailed via USPS to P.O. Box 83720, Boise, Idaho 83720-0041; or
d. emailed as an attached PDF to hearing.request@iic.idaho.gov.
Service upon all parties must still be completed pursuant to JRP 4. All requests for hearing must be made by email if this method of service is available to the parties. Emailed requests will be considered as the original and a same day post marked original will not be required to be filed.
3. Within 14 days of the date of service of the request for hearing, all opposing parties shall respond in writing to the request. Any party objecting to scheduling the case for hearing must submit a clear and concise statement of the reasons why the case should not be set. If no response is timely filed, the Commission may schedule a hearing based solely on the request for hearing.
4. The Commission may order all parties to submit prehearing statements containing any of the information specified in subparagraphs C.1.c. through C.1.i. above, and/or prehearing memoranda, and may schedule a case for hearing on its own motion.
D. Emergency Hearings.
1. If, at any time after the date the answer is filed or should have been filed, any party believes that an emergency exists such that an expedited hearing on any issue or issues is needed, that party shall file a request for an emergency hearing. Emergency hearing requests may be submitted:
a. in writing by hand delivery to the Boise Office at the Chinden Campus 11321 W. Chinden Blvd. (Bldg. #2), Boise, Idaho 83714;
b. faxed to 208-332-7558;
c. mailed via USPS to P.O. Box 83720, Boise, Idaho 83720-0041; or
d. emailed as an attached PDF to hearing.request@iic.idaho.gov.
Service upon all parties must still be completed pursuant to JRP 4. All requests for emergency hearing must be made by email if this method of service is available to the parties. Emailed requests will be considered as the original and a same day post marked original will not be required to be filed.
2. The Commission may issue an order scheduling an emergency hearing after conducting a conference in which all parties are provided an opportunity to present their positions as to the necessity of an emergency hearing. The determination of what constitutes a situation justifying an emergency hearing shall be within the Commission's sole discretion. In the event the request is granted, the parties shall be prepared to proceed to hearing within 30 days of the scheduling order
E. Small Claims.
If both parties agree that the total amount of the claim is less than $2,000 and the parties have failed to resolve the matter in mediation, the case may be heard according to subsection D of this rule on an emergency basis.
COMMENTS: Subsection A.1 references the importance of mediation in the resolution process of issues at the Commission. Mediation has a separate rule.
Subsection D provides a specific forum to resolve issues which substantially impact the health or financial stability of an injured worker and need immediate attention by the Commission.
Subsection E provides a forum to resolve cases in which the total amount in controversy does not warrant extended litigation