---
kind: "section"
citation: "25 C.F.R. § 700.313"
title: "25"
number: "700.313"
heading: "Evidence and procedure."
url: "https://uscodex.org/cfr/25/700.313"
---

# §700.313. Evidence and procedure.

- (a) At the hearing and taking of evidence the Applicant shall have an opportunity to:
  - (1) Submit and have considered facts, witnesses, arguments, offers of settlement, or proposals of adjustment;
  - (2) Be represented by a lawyer or other representative as provided herein;
  - (3) Have produced Commission evidence relative to the determination, Provided, that the scope of pre-hearing discovery of evidence shall be limited to relevant matters as determined by the Presiding Officer;
  - (4) Examine and cross-examine witnesses;
  - (5) Receive a transcript of the hearing on request and upon payment of appropriate Commission fees as published by the Commission, which may be waived in cases of indigency.
- (b) **The Presiding Officer is empowered to—**
  - (1) Administer oaths and affirmations;
  - (2) Rule on offers of proof;
  - (3) Receive relevant evidence;
  - (4) Take depositions or have depositions taken when the ends of justice would be served and to permit other pre-hearing discovery within his/her discretion;
  - (5) Regulate the course and conduct of the hearings; including pre-hearing procedures;
  - (6) Hold pre-hearing or post-hearing conferences for the settlement or simplification of the issues;
  - (7) Dispose of procedural requests or similar matters;
  - (8) Make a record of the proceedings;
  - (9) Hold the record open for submission of evidence no longer than fourteen days after completion of the hearings;
  - (10) Make or recommend a decision in the case based upon evidence, testimony, and argument presented;
  - (11) Enforce the provisions of 5 USCA [section 557(d)](/cfr/25/557.md?p=d) in the event of a violation thereof;
  - (12) Issue subpoenas authorized by law; and
  - (13) Extend any time period of this subpart upon his/her own motion or upon motion of the applicant, for good cause shown.

## Notes

### Source

Source: 46 FR 46801, Sept. 22, 1981; 47 FR 15774, Apr. 13, 1982, unless otherwise noted.

### Authority

Authority: Pub. L. 99-590; Pub. L. 93-531, 88 Stat. 1712 as amended by Pub. L. 96-305, 94 Stat. 929, Pub. L. 100-666, 102 Stat. 3929 (25 U.S.C. 640d).

### Source

Source: 47 FR 2092, Jan. 14, 1982, unless otherwise noted.