---
kind: "section"
citation: "29 C.F.R. § 0.737-7"
title: "29"
number: "0.737-7"
heading: "Hearing rights."
url: "https://uscodex.org/cfr/29/0.737-7"
---

# §0.737-7. Hearing rights.

- (a) The following rights shall be afforded at a hearing conducted before the Examiner:
  - (1) To represent oneself or to be represented by counsel,
  - (2) To introduce and examine witnesses and to submit physical evidence,
  - (3) To confront and cross-examine adverse witnesses,
  - (4) To present oral argument; and
  - (5) **To obtain a transcript or recording of proceedings, on request.**
- (b) **In a hearing under this subpart, the Federal Rules of Civil Procedure and Evidence do not apply.** However, the Examiner may make orders and determinations regarding discovery, admissability of evidence, conduct of examination and cross-examination, and similar matters as the Examiner deems necessary or appropriate to ensure orderliness of the proceedings and fundamental fairness to the parties.
- (c) In any proceeding under this subpart, the Department must establish any violation by a preponderance of the evidence.

## Notes

### Source

Source: 48 FR 11944, Mar. 22, 1983, unless otherwise noted. Redesignated at 61 FR 57287, Nov. 6, 1996.

### Authority

Authority: 5 U.S.C. 301; 18 U.S.C. 207 (1988); E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., p. 215, as modified by E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., p. 306; 5 CFR part 2634, part 2635, part 2640.

### Source

Source: 33 FR 10432, July 20, 1968, unless otherwise noted.