[Code of Federal Regulations]
[Title 15, Volume 1, Parts 0 to 299]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR90.14]

[Page 361-362]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
         CHAPTER I--BUREAU OF THE CENSUS, DEPARTMENT OF COMMERCE
 
PART 90--PROCEDURE FOR CHALLENGING CERTAIN POPULATION AND INCOME ESTIMATES--Table of Contents
 
Sec. 90.14  Hearing.

    (a) The hearing shall be conducted by the same hearing officer who 
collected the documentary evidence, if possible, and shall be held at 
Bureau of the Census headquarters in Suitland, Md., unless the hearing 
officer determines that the hearing should be held elsewhere.
    (b) The hearing shall be conducted in a manner so as to bring out 
the pertinent facts relating to the challenge.
    (c) The rule of evidence will not be strictly enforced but 
irrelevant and unduly repetitious testimony shall be excluded.
    (d) Cross-examination of all witnesses is permitted and all 
testimony shall be received under oath or affirmation.
    (e) The hearing officer shall have the authority to: (1) Administer 
oaths or

[[Page 362]]

affirmations, (2) rule on the admissibility of evidence, (3) limit the 
number of witnesses, (4) exclude any person from the hearing room for 
contumacious conduct or misbehavior that obstructs the hearing, (5) 
perform other such acts as are necessary or appropriate to the efficient 
conduct of any proceeding, and (6) make initial findings, analyses, and 
recommendations.
    (f) The hearing shall be recorded but no written record will be 
prepared unless the Bureau so orders or unless the challenging locality 
desires one in whole or part and pays the costs of such a written 
record, or the apportioned costs should the Bureau also desire a written 
record.
    (g) The hearing officer shall prepare findings, analyses, and 
recommendations and shall transmit them along with all documentary 
evidence received and the tape or written record (if any) of the hearing 
to the Director.

[44 FR 20647, Apr. 6, 1979, as amended at 50 FR 18990, May 6, 1985]