Kimbell said that “in a case like this, settlement discussions can come up and it's always preferable to get an agreement before we waste the public's time with a lot of unnecessary litigation.”

Formal comment from VSECU management on the proceedings and Kimbell's latest remarks were not immediately available.

Serving as hearing officer for Wednesday's pre-hearing session is Robert Simpson, a retired Chittenden County State's Attorney who was appointed by Kimbell.

Following the pre-hearing, DFR officials have said a full hearing on the cease-and-desist order could come a week later depending on scheduling agreements.

Officials of Occupy Burlington said a contingent would be at the hearing, video-taping the session and would include Eric Davis, a newly elected director of Vermont FCU, and Matt Cropp, an unsuccessful director candidate also at Vermont Federal.

Also present will be Donald Kreis, University of Vermont associate professor of law, who has written blog articles critical of the Kimbell C&D intent order as an over-reach.

Kimbell told Credit Union Times given the housekeeping nature of the Wednesday proceedings it was unclear how much audience dialogue might take place. As for settlement talks, they might be handled in private, he said, as the various groups “put their cards on the table.”