[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 30CFR44.30]

[Page 193-194]
 
                       TITLE 30--MINERAL RESOURCES
 
  CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 44--RULES OF PRACTICE FOR PETITIONS FOR MODIFICATION OF MANDATORY SAFETY STANDARDS--Table of Contents
 
                           Subpart C--Hearings
 
Sec. 44.30  Hearing procedures.

    (a) Order of proceeding. Except as may be ordered otherwise by the 
administrative law judge, the petitioner shall proceed first at a 
hearing.
    (b) Burden of proof. The petitioner shall have the burden of proving 
his case by a preponderance of the evidence.
    (c) Evidence--(1) Admissibility. A party shall be entitled to 
present its case or defense by oral or documentary evidence, to submit 
rebuttal evidence, and to conduct such cross-examination as may be 
required for full and true disclosure of the facts. Any oral or 
documentary evidence may be received, but the administrative law judge 
shall exclude evidence which is irrelevant, immaterial, or unduly 
repetitious.
    (2) Testimony of witnesses. The testimony of a witness shall be upon 
oath or affirmation administered by the administrative law judge.
    (3) Objections. If a party objects to admission or rejection of any 
evidence, limitation of the scope of any examination or cross-
examination, or failure to limit such scope, he shall state briefly the 
grounds for such objection. Rulings on such objections shall appear in 
the record.
    (4) Exceptions. Formal exception to an adverse ruling is not 
required.
    (d) Official notice. Official notice may be taken of any material 
fact not appearing in evidence in the record, which is among the 
traditional matters of judicial notice or concerning which the 
Department of Labor by reason of its functions is presumed to be expert: 
Provided, That the parties shall be given adequate notice at the hearing 
or by reference in the presiding administrative law judge's decision of 
the matters so noticed and shall be given adequate opportunity to show 
the contrary.

[[Page 194]]

    (e) Transcript. Copies of the transcript of the hearing may be 
obtained by the parties upon written application filed with the reporter 
and payment of fees at the rate provided in the agreement with the 
reporter.