[Code of Federal Regulations]
[Title 43, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR17.8]

[Page 375-376]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
PART 17--NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OF THE DEPARTMENT OF THE INTERIOR--Table of Contents
 
 Subpart A--Nondiscrimination on the Basis of Race, Color, or National 
                                 Origin
 
Sec. 17.8  Hearings.

    (a) Opportunity for hearing. Whenever an opportunity for a hearing 
is required by Sec. 17.7(c), reasonable notice shall be given by 
registered or certified mail, return receipt requested, to the affected 
applicant or recipient. This notice shall advise the applicant or 
recipient of the action proposed to be taken, the specific provision 
under which the proposed action against it is to be taken, and the 
matters of fact or law asserted as the basis for this action, and either 
(1) fix a date not less than 20 days after the date of such notice 
within which the applicant or recipient may request of the 
administrative law judge to whom the matter has been assigned that the 
matter be scheduled for hearing or (2) advise the applicant or recipient 
that the matter in question has been set down for hearing at a stated 
place and time. The time and place so fixed shall be reasonable and 
shall be subject to change for cause. The complainant, if any, shall be 
advised of the time and place of the hearing. An applicant or recipient 
may waive a hearing and submit written information and argument for the 
record. The failure of an applicant or recipient to request a hearing 
under this paragraph or to appear at a hearing for which a date has been 
set shall be deemed to be a waiver of the right to a hearing under 
section 602 of the act and Sec. 17.7(c) and consent to the making of a 
decision on the basis of such information as is available.
    (b) Time and place of hearing. Hearings shall be held at the Office 
of Hearings and Appeals of the Department in the Washington, DC, area, 
at a time fixed by the administrative law judge to whom the matter has 
been assigned unless he determines that the convenience of the applicant 
or recipient or of the Department requires that another place be 
selected. Hearings shall be held before an administrative law judge 
designated by the Office of Hearings and Appeals in accordance with 5 
U.S.C. 3105 and 3344.
    (c) Right to counsel. In all proceedings under this section, the 
applicant or recipient and the Department shall have the right to be 
represented by counsel.
    (d) Procedures, evidence, and record (1) The hearing, decision, and 
any administrative review thereof shall be conducted in conformity with 
5 U.S.C. 554--557, and in accordance with such rules of procedure as are 
proper (and not inconsistent with this section) relating to the conduct 
of the hearing, giving of notices subsequent to those provided for in 
paragraph (a) of this section, taking of testimony, exhibits, arguments 
and briefs, requests for findings, and other related matters. Both the 
Department and the applicant or recipient shall be entitled to introduce 
all relevant evidence on the issues as

[[Page 376]]

stated in the notice for hearing or as determined by the officer 
conducting the hearing at the outset of or during the hearing.
    (2) Technical rules of evidence shall not apply to hearings 
conducted pursuant to this part, 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 where reasonably 
necessary by the officer conducting the hearing. The hearing officer 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 and opportunity shall be given to 
refute facts and arguments advanced on either side of the issues. A 
transcript shall be made of the oral evidence except to the extent that 
the substance thereof is stipulated for the record. All decisions shall 
be based upon the hearing record and written findings shall be made.
    (e) Consolidated or joint hearings. In cases in which the same or 
related facts are asserted to constitute noncompliance with this part 
with respect to two or more programs to which this part applies or 
noncompliance with this part and the regulations of one or more other 
Federal departments or agencies issued under title VI of the act, the 
Secretary may, by agreement with such other departments or agencies, 
where applicable, provide for the conduct of consolidated or joint 
hearings, and for the application to such hearings of rules of procedure 
not inconsistent with this part. Final decisions in such cases, insofar 
as this part is concerned, shall be made in accordance with Sec. 17.9.

[29 FR 16293, Dec. 4, 1964, as amended at 38 FR 17977, July 5, 1973]