CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ – In General; Conduct of Hearing

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Although the Office of the General Counsel and presiding ALJ have considerable discretion to investigate and decide issues in a manner that best conserves the agency’s resources and protects the rights of the parties, determination of who is a proper party to the case is generally appropriate before determining liability so that all parties can assess their possible exposure and likelihood of success and engage in meaningful settlement discussions. p. 56.