---
kind: "section"
citation: "20 C.F.R. § 702.339"
title: "20"
number: "702.339"
heading: "Formal hearings; evidence."
url: "https://uscodex.org/cfr/20/702.339"
---

# §702.339. Formal hearings; evidence.


In making an investigation or inquiry or conducting a hearing, the administrative law judge shall not be bound by common law or statutory rules of evidence or by technical or formal rules of procedure, except as provided by [5 U.S.C. 554](/usc/5/554.md) and these regulations; but may make such investigation or inquiry or conduct such hearing in such a manner as to best ascertain the rights of the parties.


## Notes

### Authority

Authority: 5 U.S.C. 301, and 8171 et seq.; 33 U.S.C. 901 et seq.; 42 U.S.C. 1651 et seq.; 43 U.S.C. 1333; 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); Pub. L. 114-74 at sec. 701; Reorganization Plan No. 6 of 1950, 15 FR 3174, 64 Stat. 1263; Secretary's Order 10-2009, 74 FR 58834.

### Source

Source: 38 FR 26861, Sept. 26, 1973, unless otherwise noted.