---
kind: "section"
citation: "10 C.F.R. § 708.28"
title: "10"
number: "708.28"
heading: "Hearing procedures."
url: "https://uscodex.org/cfr/10/708.28"
---

# §708.28. Hearing procedures.

- (a) **In all hearings under this part—**
  - (1) Testimony of witnesses is given under oath or affirmation, and witnesses must be advised of the applicability of 18 U.S.C. [1001](/usc/18/1001.md) and [18](/usc/18/18.md) U.S.C. 1621, dealing with the criminal penalties associated with false statements and perjury;
  - (2) Witnesses are subject to cross-examination; and
  - (3) A court reporter will make a transcript of the hearing.
- (b) The Administrative Judge has all powers necessary to regulate the conduct of proceedings, including the following.
  - (1) The Administrative Judge may order discovery at the request of a party, based on a showing that the requested discovery is designed to produce evidence regarding a matter, not privileged, that is relevant to the subject matter of the complaint.
  - (2) The Administrative Judge may permit parties to obtain discovery by any appropriate method, including deposition upon oral examination or written questions; written interrogatories; production of documents or things; permission to enter upon land or other property for inspection and other purposes; and requests for admission.
  - (3) The Administrative Judge may issue subpoenas for the appearance of witnesses on behalf of either party, or for the production of specific documents or other physical evidence.
  - (4) The Administrative Judge may rule on objections to the presentation of evidence; exclude evidence that is immaterial, irrelevant, or unduly repetitious; require the advance submission of documents offered as evidence; dispose of procedural requests; grant extensions of time; determine the format of the hearing; direct that written motions, documents, or briefs be filed with respect to issues raised during the course of the hearing; ask questions of witnesses; direct that documentary evidence be served upon other parties (under protective order if such evidence is deemed confidential); and otherwise regulate the conduct of the hearing.
  - (5) The Administrative Judge may, at the request of a party or on his own initiative, dismiss a claim, defense, or party. He may also make adverse findings upon the failure of a party or the party's representative to comply with a lawful order of the Administrative Judge, or, without good cause, to attend a hearing. If the Administrative Judge's rulings result in termination of the proceeding prior to the completion of the hearing, the Administrative Judge will issue an initial agency decision pursuant to [§ 708.31](/cfr/10/708.31.md) of this subpart.
  - (6) The Administrative Judge, upon request of a party, may allow the parties a reasonable time to file pre-hearing briefs or written statements with respect to material issues of fact or law. Any pre-hearing submission must be limited to the issues specified and filed within the time prescribed by the Administrative Judge.
  - (7) The parties are entitled to make closing arguments, but post-hearing submissions are only permitted by direction of the Administrative Judge.
  - (8) Parties allowed to file written submissions must serve copies upon the other parties within the time prescribed by the Administrative Judge.

## Notes

### Authority

Authority: 42 U.S.C. 2201(b), 2201(c), 2201(i), and 2201(p); 42 U.S.C. 5814 and 5815; 42 U.S.C. 7251, 7254, 7255, and 7256; and 5 U.S.C. Appendix 3.

### Source

Source: 84 FR 37757, Aug. 2, 2019, unless otherwise noted.