---
kind: "section"
citation: "37 C.F.R. § 11.38"
title: "37"
number: "11.38"
heading: "Contested case."
url: "https://uscodex.org/cfr/37/11.38"
---

# §11.38. Contested case.


Upon the filing of an answer by the respondent, a disciplinary proceeding shall be regarded as a contested case within the meaning of [35 U.S.C. 24](/usc/35/24.md). Evidence obtained by a subpoena issued under [35 U.S.C. 24](/usc/35/24.md) shall not be admitted into the record or considered unless leave to proceed under [35 U.S.C. 24](/usc/35/24.md) was previously authorized by the hearing officer.


## Notes

### Source

Source: 73 FR 47689, Aug. 14, 2008, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 500; 15 U.S.C. 1123; 35 U.S.C. 2(b)(2), 32, 41; Sec. 1, Pub. L. 113-227, 128 Stat. 2114.

### Source

Source: 69 FR 35452, June 24, 2004, unless otherwise noted.