Bioelectronics Corp (BIEL)

[srinsocal]

The prehearing is for the exchange of information, filing of briefs and witness lists. Testimony is given at the hearing itself.

I would say the real fun comes when those who have bragged about providing information to the SEC get grilled by AW's attorney.


Prehearing Procedures
Respondents must file an answer within twenty days after being served with the order instituting proceeding, unless a different period is provided by rule or order.(Rules 160, 220) Unless otherwise ordered, the Division of Enforcement (“Division”) is required to make the investigative file that supports the proceeding available to the Respondent for inspection and copying no later than seven days after the
Respondent is served with the order instituting proceedings(OIP). (Rule 230)

It is necessary to file a request for issuance of subpoenas requiring the testimony of witnesses, and/or the
production of documents with the Commission’s Secretary and to serve a copy of the request on each party.
(Rule 232) A copy of the request and the original subpoenas should be sent to the administrative law judge for signature.
A subpoena form is available at https://www.sec.gov/alj
Subpoenas with language substantially similar to what appears on the form are acceptable.The Office returns signed subpoenas by regular mail unless the requesting party, who is responsible for service, submits an alternative means such as a self
-addressed Federal Express envelope.

At least one prehearing conference is held, usually by telephone, prior to the hearing. The parties generally are required to exchange copies of exhibits and the names of their witnesses, and file prehearing briefs.

An administrative law judge may default a Respondent who does not file a timely answer, answer a dispositive pleading, appear at a prehearing conference or hearing, or fails to otherwise defend the proceeding.On default, the administrative law judge may find the allegations in the OIP to be true, and order the relief requested by the Division. (Rules 155, 220, 221)