---
kind: "range"
citation: "10 C.F.R. §§ 4.61–4.64"
title: "10"
from: "4.61"
to: "4.64"
count: 4
url: "https://uscodex.org/cfr/10/4.61..4.64"
---

# §4.61. Presiding officer.


One or more members of the Commission or one or more administrative law judges appointed pursuant to section 3105 of [title 5](/cfr/5.md) of the United States Code shall: (a) Preside at a hearing and (b) make findings of fact and conclusions of law if an applicant or recipient waives a hearing and submits written information or argument for the record in accordance with [§ 4.51(d)](/cfr/10/4.51.md?p=d).


# §4.62. Right to counsel.


In all proceedings under [§§ 4.51-4.81](/cfr/10/4.51-4.81.md), the applicant or recipient and the responsible NRC official shall have the right to be represented by counsel. A notice of appearance shall be filed by counsel prior to participation in any such proceedings.


# §4.63. Procedures, evidence, and record.

- (a) The hearing, decision, and any administrative review thereof shall be conducted in conformity with [5 U.S.C. 554-557](/usc/5/554-557.md) (sections 5-8 of the Administrative Procedure Act), and in accordance with such procedures as are proper (and not inconsistent with [§§ 4.61 through 4.64](/cfr/10/4.61..4.64.md)) relating to the conduct of the hearing, giving of notices subsequent to those provided for in [§ 4.51](/cfr/10/4.51.md), taking of testimony, exhibits, arguments and briefs, requests for finding, and other related matters. Both the responsible NRC official and the applicant or recipient shall be entitled to introduce all relevant evidence on the issues as stated in the notice of hearing or as determined by the presiding officer at the outset of or during the hearing.
- (b) Technical rules of evidence shall not apply to hearings conducted pursuant to this subpart, but rules or principles designed to assure production of the most credible evidence available and to subject testimony to test by cross-examination shall be applied where reasonably necessary by the presiding officer. The presiding officer may exclude irrelevant, immaterial, or unduly repetitious evidence. All documents and other evidence offered or taken for the record shall be open to examination by the parties and opportunity shall be given to refute facts and arguments advanced on either side of the issues. A transcript shall be made of the oral evidence except to the extent the substance thereof is stipulated for the record.
- (c) Each decision made after a hearing has been held shall be based on the hearing record, and written findings of fact and conclusions of law shall be made.
- (d) If an applicant or recipient waives a hearing and submits written information or argument for the record in accordance with [§ 4.51(d)](/cfr/10/4.51.md?p=d), written findings of fact and conclusions of law shall be made.

# §4.64. Consolidated or joint hearings.


In cases in which the same or related facts are asserted to constitute noncompliance with this subpart with respect to two or more Federal statutes, authorities, or other means by which Federal financial assistance is extended and to which this subpart applies or noncompliance with this subpart and the regulations of one or more other Federal departments or agencies issued under title VI of the Civil Rights Act of 1964, the Commission may, by agreement with such other departments or agencies, where applicable, provide for the conduct of consolidated or joint hearings, and for the application to such hearings of rules of procedure not inconsistent with this subpart. Final decisions in such cases, insofar as this regulation is concerned shall be made in accordance with [§ 4.72](/cfr/10/4.72.md).