US Codex
C.F.R.
Browse by date
Notes

22 C.F.R. §§ 1423.14–1423.28

15 sections in range

§1423.14. Conduct of hearing.

22 C.F.R. § 1423.14

(a)
Hearings shall be conducted not earlier than five (5) days after the date on which the complaint is served. The hearing shall be open to the public unless otherwise ordered by the Administrative Law Judge. A substitute Administrative Law Judge may be designated at any time to take the place of the Administrative Law Judge previously designated to conduct the hearing. Such hearing shall, to the extent practicable, be conducted in accordance with the provisions of subchapter II of chapter 5 of title 5 of the United States Code, except that the parties shall not be bound by the rules of evidence, whether statutory, common law, or adopted by a court.
(b)
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.
Notes, amendments, and revision history

Authority

Authority: 22 U.S.C. 4107.

Source

Source: 46 FR 45868, Sept. 15, 1981, unless otherwise noted.

§1423.15. Intervention.

22 C.F.R. § 1423.15

Any person involved and desiring to intervene in any proceeding pursuant to this part shall file a motion in accordance with the procedures set forth in § 1423.22. The motion shall state the grounds upon which such person claims involvement.
Notes, amendments, and revision history

Authority

Authority: 22 U.S.C. 4107.

Source

Source: 46 FR 45868, Sept. 15, 1981, unless otherwise noted.

§1423.16. Rights of parties.

22 C.F.R. § 1423.16

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, and to submit rebuttal evidence, except that the participation of any party shall be limited to the extent prescribed by the Administrative Law Judge. 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.
Notes, amendments, and revision history

Authority

Authority: 22 U.S.C. 4107.

Source

Source: 46 FR 45868, Sept. 15, 1981, unless otherwise noted.

§1423.17. Rules of evidence.

22 C.F.R. § 1423.17

The parties shall not be bound by the rules of evidence, whether statutory, common law, or adopted by court. Any evidence may be received, except that an Administrative Law Judge may exclude any evidence which is immaterial, irrelevant, unduly repetitious or customarily privileged.
Notes, amendments, and revision history

Authority

Authority: 22 U.S.C. 4107.

Source

Source: 46 FR 45868, Sept. 15, 1981, unless otherwise noted.

§1423.18. Burden of proof before the Administrative Law Judge.

22 C.F.R. § 1423.18

The General Counsel shall have the responsibility of presenting the evidence in support of the complaint and shall have the burden of proving the allegations of the complaint by a preponderance of the evidence.
Notes, amendments, and revision history

Authority

Authority: 22 U.S.C. 4107.

Source

Source: 46 FR 45868, Sept. 15, 1981, unless otherwise noted.

§1423.19. Duties and powers of the Administrative Law Judge.

22 C.F.R. § 1423.19

It shall be the duty of the Administrative Law Judge to inquire fully into the facts as they relate to the matter before such judge. Subject to the rules and regulations of the Board and the General Counsel, an Administrative Law Judge presiding at a hearing may:
(a)
Grant requests for subpoenas pursuant to § 1429.7 of this subchapter;
(b)
Rule upon petitions to revoke subpoenas pursuant to § 1429.7 of this subchapter;
(c)
Administer oaths and affirmations;
(d)
Take or order the taking of a deposition whenever the ends of justice would be served thereby;
(e)
Order responses to written interrogatories whenever the ends of justice would be served thereby unless it would interfere with the Board's and the General Counsel's policy of protecting the personal privacy and confidentiality of sources of information as set forth in § 1423.7(d);
(f)
Call, examine and cross-examine witnesses and introduce into the record documentary or other evidence;
(g)
Rule upon offers of proof and receive relevant evidence and stipulations of fact with respect to any issue;
(h)
Limit lines of questioning or testimony which are immaterial, irrelevant, unduly repetitious, or customarily privileged;
(i)
Regulate the course of the hearing and, if appropriate, exclude from the hearing persons who engage in contemptuous conduct and strike all related testimony of witnesses refusing to answer any questions ruled to be proper;
(j)
Hold conferences for the settlement or simplification of the issues by consent of the parties or upon the judge's own motion;
(k)
Dispose of procedural requests, motions, or similar matters, including motions referred to the Administrative Law Judge by the Regional Director and motions for summary judgment or to amend pleadings; dismiss complaints or portions thereof; order hearings reopened; and, upon motion, order proceedings consolidated or severed prior to issuance of the Administrative Law Judge's decision;
(l)
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;
(m)
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;
(n)
Prepare, serve and transmit the decision pursuant to § 1423.26;
(o)
Take official notice of any material fact not appearing in evidence in the record, which is among the traditional matters of judicial notice: Provided, however, That the parties shall be given adequate notice, at the hearing or by reference in the Administrative Law Judge's decision of the matters so noticed, and shall be given adequate opportunity to show the contrary;
(p)
Approve requests for withdrawal of complaints based on informal settlements occurring after the opening of the hearing pursuant to § 1423.11(e)(1), and transmit formal settlement agreements to the Board for approval pursuant to § 1423.11(e) (2) and (3);
(q)
Grant or deny requests made at the hearing to intervene and to present testimony;
(r)
Correct or approve proposed corrections of the official transcript when deemed necessary;
(s)
Sequester witnesses where appropriate; and
(t)
Take any other action deemed necessary under the foregoing and not prohibited by the regulations in this subchapter.
Notes, amendments, and revision history

Authority

Authority: 22 U.S.C. 4107.

Source

Source: 46 FR 45868, Sept. 15, 1981, unless otherwise noted.

§1423.20. Unavailability of Administrative Law Judges.

22 C.F.R. § 1423.20

In the event the Administrative Law Judge designated to conduct the hearing becomes unavailable, the Chief Administrative Law Judge shall designate another Administrative Law Judge for the purpose of further hearing or issuance of a decision on the record as made, or both.
Notes, amendments, and revision history

Authority

Authority: 22 U.S.C. 4107.

Source

Source: 46 FR 45868, Sept. 15, 1981, unless otherwise noted.

§1423.21. Objection to conduct of hearing.

22 C.F.R. § 1423.21

(a)
Any objection with respect to the conduct of the hearing, including any objection to the introduction of evidence, may be stated orally or in writing accompanied by a short statement of the grounds for such objection, and included in the record. No such objection shall be deemed waived by further participation in the hearing. Such objection shall not stay the conduct of the hearing.
(b)
Formal exceptions to adverse rulings are unnecessary. Automatic exceptions will be allowed to all adverse rulings. Except by special permission of the Board, and in view of § 1429.11 of this subchapter, rulings by the Administrative Law Judge shall not be appealed prior to the transmittal of the case to the Board, but shall be considered by the Board only upon the filing of exceptions to the Administrative Law Judge's decision in accordance with § 1423.27. In the discretion of the Administrative Law Judge, the hearing may be continued or adjourned pending any such request for special permission to appeal.
Notes, amendments, and revision history

Authority

Authority: 22 U.S.C. 4107.

Source

Source: 46 FR 45868, Sept. 15, 1981, unless otherwise noted.

§1423.22. Motions.

22 C.F.R. § 1423.22

(a)
Filing of Motions.
(1)
Motions made prior to a hearing and any response thereto shall be made in writing and filed with the Regional Director: Provided, however, That after the issuance of a complaint by the Regional Director any motion to postpone the hearing should be filed with the Chief Administrative Law Judge at least five (5) days prior to the opening of the scheduled hearing. Motions made after the hearing opens and prior to the transmittal of the case to the Board shall be made in writing to the Administrative Law Judge or orally on the record. After the transmittal of the case to the Board, motions and any response thereto shall be filed in writing with the Board: Provided, however, That a motion to correct the transcript shall be filed with the Administrative Law Judge.
(2)
A response to a motion shall be filed within five (5) days after service of the motion, unless otherwise directed.
(3)
An original and two (2) copies of the motions and responses shall be filed, and copies shall be served on the parties. A statement of such service shall accompany the original.
(b)
Rulings on motions.
(1)
Regional Directors may rule on all motions filed with them before the hearing, or they may refer them to the Chief Administrative Law Judge.
(2)
Except by special permission of the Board, and in view of § 1429.11 of this subchapter, rulings by the Regional Director shall not be appealed prior to the transmittal of the case to the Board, but shall be considered by the Board when the case is transmitted to it for decision.
(3)
Administrative Law Judges may rule on motions referred to them prior to the hearing and on motions filed after the beginning of the hearing and before the transmittal of the case to the Board. Such motions may be ruled upon by the Chief Administrative Law Judge in the absence of an Administrative Law Judge.
(4)
Except by special permission of the Board, and in view of § 1429.11 of this subchapter, rulings by Administrative Law Judges shall not be appealed prior to the transmittal of the case to the Board, but shall be considered by the Board when the case is transmitted to it for decision. In the discretion of the Administrative Law Judge, the hearing may be continued or adjourned pending any such request for special permission to appeal.
Notes, amendments, and revision history

Authority

Authority: 22 U.S.C. 4107.

Source

Source: 46 FR 45868, Sept. 15, 1981, unless otherwise noted.

§1423.23. Waiver of objections.

22 C.F.R. § 1423.23

Any objection not made before an Administrative Law Judge shall be deemed waived.
Notes, amendments, and revision history

Authority

Authority: 22 U.S.C. 4107.

Source

Source: 46 FR 45868, Sept. 15, 1981, unless otherwise noted.

§1423.24. Oral argument at the hearing.

22 C.F.R. § 1423.24

Any party shall be entitled, upon request, to a reasonable period prior to the close of the hearing for oral argument, which shall be included in the official transcript of the hearing.
Notes, amendments, and revision history

Authority

Authority: 22 U.S.C. 4107.

Source

Source: 46 FR 45868, Sept. 15, 1981, unless otherwise noted.

§1423.25. Filing of brief.

22 C.F.R. § 1423.25

Any party desiring to submit a brief to the Administrative Law Judge shall file the original and two (2) copies within a reasonable time fixed by the Administrative Law Judge, but not in excess of thirty (30) days from the close of the hearing. Copies of any brief shall be served on all other parties to the proceeding and a statement of such service shall be filed with the Administrative Law Judge. Requests for additional time to file a brief shall be made to the Chief Administrative Law Judge, in writing, and copies thereof shall be served on the other parties. A statement of such service shall be furnished. Requests for extension of time shall be received not later than five (5) days before the date such briefs are due. No reply brief may be filed except by special permission of the Administrative Law Judge.
Notes, amendments, and revision history

Authority

Authority: 22 U.S.C. 4107.

Source

Source: 46 FR 45868, Sept. 15, 1981, unless otherwise noted.

§1423.26. Transmittal of the Administrative Law Judge's decision to the Board; exceptions.

22 C.F.R. § 1423.26

(a)
After the close of the hearing, and the receipt of brief, if any, the Administrative Law Judge shall prepare the decision expeditiously. The Administrative Law Judge shall prepare a decision even when the parties enter into a stipulation of fact at the hearing. The decision shall contain findings of fact, conclusions, and the reasons or basis therefor including credibility determinations, and conclusions as to the disposition of the case including, where appropriate, the remedial action to be taken and notices to be posted.
(b)
The Administrative Law Judge shall cause the decision to be served promptly on all parties to the proceeding. Thereafter, the Administrative Law Judge shall transmit the case to the Board including the judge's decision and the record. The record shall include the charge, complaint, service sheet, answer, motions, rulings, orders, official transcript of the hearing, stipulations, objections, depositions, interrogatories, exhibits, documentary evidence and any briefs or other documents submitted by the parties.
(c)
An original and three (3) copies of any exception to the Administrative Law Judge's decision and briefs in support of exceptions may be filed by any party with the Board within twenty-five (25) days after service of the decision: Provided, however, That the Board may for good cause shown extend the time for filing such exceptions. Requests for additional time in which to file exceptions shall be in writing, and copies thereof shall be served on the other parties. Requests for extension of time must be received no later than five (5) days before the date the exceptions are due. Copies of such exceptions and any supporting briefs shall be served on all other parties, and a statement of such service shall be furnished to the Board.
Notes, amendments, and revision history

Authority

Authority: 22 U.S.C. 4107.

Source

Source: 46 FR 45868, Sept. 15, 1981, unless otherwise noted.

§1423.27. Contents of exceptions to the Administrative Law Judge's decision.

22 C.F.R. § 1423.27

(a)
Exceptions to an Administrative Law Judge's decision shall—
(1)
Set forth specifically the questions upon which exceptions are taken;
(2)
Identify that part of the Administrative Law Judge's decision to which objection is made; and
(3)
Designate by precise citation of page the portions of the record relied on, state the grounds for the exceptions, and include the citation of authorities unless set forth in a supporting brief.
(b)
Any exception to a ruling, finding or conclusion which is not specifically urged shall be deemed to have been waived. Any exception which fails to comply with the foregoing requirements may be disregarded.
Notes, amendments, and revision history

Authority

Authority: 22 U.S.C. 4107.

Source

Source: 46 FR 45868, Sept. 15, 1981, unless otherwise noted.

§1423.28. Briefs in support of exceptions; oppositions to exceptions; cross-exceptions.

22 C.F.R. § 1423.28

(a)
Any brief in support of exceptions shall contain only matters included within the scope of the exceptions and shall contain, in the order indicated, the following:
(1)
A concise statement of the case containing all that is material to the consideration of the questions presented;
(2)
A specification of the questions involved and to be argued; and
(3)
The argument, presenting clearly the points of fact and law relied on in support of the position taken on each question, with specific page reference to the transcript and the legal or other material relied on.
(b)
Any party may file an opposition to exceptions and cross-exceptions and a supporting brief with the Board within ten (10) days after service of any exceptions to an Administrative Law Judge's decision. Copies of the opposition to exceptions and the cross-exceptions and any supporting briefs shall be served on all other parties, and a statement of service shall be filed with the opposition to exceptions and cross-exceptions and any supporting briefs.
Notes, amendments, and revision history

Authority

Authority: 22 U.S.C. 4107.

Source

Source: 46 FR 45868, Sept. 15, 1981, unless otherwise noted.