[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR2200.70]

[Page 260]
 
                             TITLE 29--LABOR
 
      CHAPTER XX--OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
 
PART 2200--RULES OF PROCEDURE--Table of Contents
 
                           Subpart E--Hearings
 
Sec. 2200.70  Exhibits.

    (a) Marking exhibits. All exhibits offered in evidence by a party 
shall be marked for identification before or during the hearing. 
Exhibits shall be marked with the case docket number, with a designation 
identifying the party or intervenor offering the exhibit, and numbered 
consecutively.
    (b) Removal or substitution of exhibits in evidence. Unless the 
Judge finds it impractical, a copy of each exhibit shall be given to the 
other parties and intervenors. A party may remove an exhibit from the 
official record during the hearing or at the conclusion of the hearing 
only upon permission of the Judge. The Judge, in his discretion, may 
permit the substitution of a duplicate for any original document offered 
into evidence.
    (c) Reasons for denial of admitting exhibit. A Judge may, in his 
discretion, deny the admission of any exhibit because of its excessive 
size, weight, or other characteristic that prohibits its convenient 
transportation and storage. A party may offer into evidence photographs, 
models or other representations of any such exhibit.
    (d) Rejected exhibits. All exhibits offered but denied admission 
into evidence, except exhibits referred to in paragraph (c) of this 
section, shall be placed in a separate file designated for rejected 
exhibits.
    (e) Return of physical exhibits. A party may on motion request the 
return of a physical exhibit within 30 days after expiration of the time 
for filing a petition for review of a Commission final order in a United 
States Court of Appeals under section 11 of the Act, 29 U.S.C. 660, or 
within 30 days after completion of any proceedings initiated thereunder. 
The motion shall be addressed to the Executive Secretary and provide 
supporting reasons. The exhibit shall be returned if the Executive 
Secretary determines that it is no longer necessary for use in any 
Commission proceeding.
    (f) Request for custody of physical exhibit. Any person may on 
motion to the Executive Secretary request custody of a physical exhibit 
for use in any court or tribunal. The motion shall state the reasons for 
the request and the duration of custody requested. If the exhibit has 
been admitted in a pending Commission case, the motion shall be served 
on all parties to the proceeding. Any person granted custody of an 
exhibit shall inform the Executive Secretary of the status every six 
months of his continuing need for the exhibit and return the exhibit 
after completion of the proceeding.
    (g) Disposal of physical exhibit. Any physical exhibit may be 
disposed of by the Commission's Executive Secretary at any time more 
than 30 days after expiration of the time for filing a petition for 
review of a Commission final order in a United States Court of Appeals 
under section 11 of the Act, 29 U.S.C. 660, or 30 days after completion 
of any proceedings initiated thereunder.

[51 FR 32015, Sept. 8, 1986; 52 FR 13832, Apr. 27, 1987]