[Code of Federal Regulations]
[Title 20, Volume 3]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR658.709]

[Page 724]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
 CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 658--ADMINISTRATIVE PROVISIONS GOVERNING THE JOB SERVICE SYSTEM--Table of Contents
 
   Subpart H--Federal Application of Remedial Action to State Agencies
 
Sec. 658.709  Conduct of hearings.

    (a) Hearings shall be conducted in accordance with sections 5-8 of 
the Administrative Procedure Act, 5 U.S.C. 553 et seq.
    (b) Technical rules of evidence shall not apply, but rules or 
principles designed to assure production of the most credible evidence 
available and to subject testimony to test by cross-examination, shall 
be applied if necessary by the Administrative Law Judge conducting the 
hearing. The Administrative Law Judge may exclude irrelevant, immaterial 
or unduly repetitious evidence. All documents and other evidence offered 
or taken for the record shall be open to examination by the parties. 
Opportunity shall be given to refute facts and arguments advanced on 
either side of the issue. A transcript shall be made of the oral 
evidence except to the extent the substance thereof is stipulated for 
the record.
    (c) The general provisions governing discovery as provided in the 
Rules of Civil Procedure for the United States District Court, title V, 
28 U.S.C., rules 26 through 37, may be made applicable to the extent 
that the Administrative Law Judge concludes that their use would promote 
the proper advancement of the hearing.
    (d) When a public officer is a respondent in a hearing in an 
official capacity and during its pendency dies, resigns, or otherwise 
ceases to hold office, the proceeding does not abate and the officer's 
successor is automatically substituted as a party. Proceedings following 
the substitution shall be in the name of the substituted party, but any 
misnomer not affecting the substantive rights of the parties shall be 
disregarded. An order of substitution may be entered at any time, but 
the omission to enter such an order shall not affect the substitution.