22 C.F.R. §§ 1422.9–1422.15

Hearings shall be conducted by a Hearing Officer and shall be open to the public unless otherwise ordered by the Hearing Officer. At any time another Hearing Officer may be substituted for the Hearing Officer previously presiding. It shall be the duty of the Hearing Officer to inquire fully into all matters in issue and the Hearing Officer shall obtain a full and complete record upon which the Board can make an appropriate decision. An official reporter shall make the only official transcript of such proceedings. Copies of the official transcript may be examined in the appropriate regional office during normal working hours. Requests by parties for copies of transcripts should be made to the official hearing reporter.

Hearings under this section are considered investigatory and not adversary. Their purpose is to develop a full and complete factual record. The rules of relevancy and materiality are paramount; there are no burdens of proof and the technical rules of evidence do not apply.

A party shall have the right to appear at any hearing in person, by counsel, or by other representative, and to examine and cross-examine witnesses, and to introduce into the record documentary or other relevant evidence. Two (2) copies of documentary evidence shall be submitted and a copy furnished to each of the other parties. Stipulations of fact may be introduced in evidence with respect to any issue.

A party shall be entitled, upon request, to a reasonable period at the close of the hearing for oral argument, which shall be included in the stenographic report of the hearing. Such oral argument shall not preclude a party from filing a brief under § 1422.14.

Grant requests for subpenas pursuant to § 1429.7 of this subchapter;

Rule upon offers of proof and receive relevant evidence and stipulations of fact;

Take or cause depositions or interrogatories to be taken whenever the ends of justice would be served thereby;

Limit lines of questioning or testimony which are immaterial, irrelevant or unduly repetitious;

Regulate the course of the hearing and, if appropriate, exclude from the hearing persons who engage in misconduct;

Strike all related testimony of witnesses refusing to answer any questions ruled to be proper;

Hold conferences for the settlement or simplification of the issues by consent of the parties or upon the Hearing Officer's own motion;

Dispose of procedural requests, motions, or similar matters, which shall be made part of the record of the proceedings, including motions referred to the Hearing Officer by the Regional Director and motions to amend petitions;

Call and examine and cross-examine witnesses and introduce into the record documentary or other evidence;

Request the parties at any time during the hearing to state their respective positions concerning any issue in the case or theory in support thereof;

Continue the hearing from day-to-day, or adjourn it to a later date or to a different place, by announcement thereof at the hearing or by other appropriate notice;

Rule on motions to correct the transcript which are received within ten (10) days after the transcript is received in the regional office; and

Take any other action necessary under this section and not prohibited by the regulations in this subchapter.