[Code of Federal Regulations]
[Title 19, Volume 3]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR356.23]

[Page 320-321]
 
                        TITLE 19--CUSTOMS DUTIES
 
            CHAPTER III--INTERNATIONAL TRADE ADMINISTRATION,
                         DEPARTMENT OF COMMERCE
 
PART 356--PROCEDURES AND RULES FOR IMPLEMENTING ARTICLE 1904 OF THE NORTH 
AMERICAN FREE TRADE AGREEMENT--Table of Contents
 
 Subpart D--Violation of a Protective Order or a Disclosure Undertaking
 
Sec. 356.23  Hearing.

    (a) Scheduling of hearing. The administrative law judge will 
schedule the hearing at a reasonable time, date, and place, which will 
be in Washington, DC, unless the administrative law judge determines 
otherwise based upon good cause shown, that another location would 
better serve the interests of justice. In setting the date, the 
administrative law judge will give due regard to the need for the 
parties adequately to prepare for the hearing and the importance of 
expeditiously resolving the matter.
    (b) Joinder or consolidation. The administrative law judge may order 
joinder or consolidation if sanctions are proposed against more than one 
party or if violations of more than one protective order or disclosure 
undertaking are alleged if to do so would expedite processing of the 
cases and not adversely affect the interests of the parties.
    (c) Hearing procedures. Hearings will be conducted in a fair and 
impartial manner by the administrative law judge, who may limit 
attendance at any hearing or portion thereof if necessary or advisable 
in order to protect proprietary information from improper disclosure. 
The rules of evidence prevailing in courts of law shall not apply, and 
all evidentiary material the administrative law judge determines to be 
relevant and material to the proceeding and not unduly repetitious may 
be received into evidence and given appropriate weight. The 
administrative law judge may make such orders and determinations 
regarding the admissibility of evidence, conduct of examination and 
cross-examination, and similar matters as are necessary or appropriate 
to ensure orderliness in the proceedings. The administrative law judge 
will ensure that a record of the hearing will be taken by reporter or by 
electronic recording, and will order such part of the record to be 
sealed as is necessary to protect proprietary information.
    (d) Rights of parties. At a hearing each party shall have the right 
to:
    (1) Introduce and examine witnesses and submit physical evidence;
    (2) Confront and cross-examine adverse witnesses;
    (3) Present oral argument; and
    (4) Receive a transcript or recording of the proceedings, upon 
request, subject to the administrative law judge's orders regarding 
sealing the record.
    (e) Representation. Each charged or affected party has a right to 
represent himself or herself or to retain private counsel for that 
purpose. The Chief Counsel will represent the Department, unless the 
General Counsel of the Department determines otherwise. The 
administrative law judge may disallow a representative if such 
representation constitutes a conflict of interest or is otherwise not in 
the interests of justice and may debar a representative for contumacious 
conduct relating to the proceedings.
    (f) Ex parte communications. The parties and their representatives 
may not

[[Page 321]]

make any ex parte communications to the administrative law judge 
concerning the merits of the allegations or any matters at issue, except 
as provided in Sec. 356.18(j) regarding emergency interim sanctions.