[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: 43CFR27.10]

[Page 463-465]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
 PART 27--NONDISCRIMINATION IN ACTIVITIES CONDUCTED UNDER PERMITS, RIGHTS-OF-WAY, PUBLIC LAND ORDERS, AND OTHER FEDERAL AUTHORIZATIONS GRANTED OR ISSUED UNDER 
TITLE II OF PUBLIC LAW 93-153--Table of Contents
 
Sec. 27.10  Hearings.

    (a) Informal hearings--(1) Purpose. The Department Compliance 
Officer may convene such informal hearings as may

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be deemed appropriate for the purpose of inquiring into the status of 
compliance of any recipient, contractor, or subcontractor to which this 
part applies.
    (2) Notice. Recipients, contractors, and subcontractors shall be 
advised in writing as to the time and place of the informal hearings and 
may be directed to bring specific documents and records, or furnish 
other relevant information concerning their compliance status. When so 
requested, the recipient, contractor, or subcontractor shall attend and 
bring requested documents and records, or other requested information.
    (3) Conduct of hearings. The hearing shall be conducted by hearing 
officers appointed by the Department Compliance Officer. Parties to 
informal hearings may be represented by counsel or other authorized 
representative as provided in 43 CFR part 1 and shall have a fair 
opportunity to present any relevant material. Formal rules of evidence 
will not apply to such proceedings.
    (b) Formal hearings--(1) Opportunity for hearing. Whenever an 
opportunity for a hearing is required by Sec. 27.9(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 (i) fix a date not less than twenty (20) days after 
the date of such notice within which the applicant or recipient may 
request of the Secretary or his designee or the administrative law judge 
to whom the matter has been assigned that the matter be scheduled for 
hearing or (ii) 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 403 of Public Law 
93-153 and implementing rules, regulations, and orders and consent to 
the making of a decision on the basis of information on the record.
    (2) Time and place of hearing. Hearings shall be conducted by the 
Office of Hearings and Appeals of the Department, at a time and place 
fixed by the administrative law judge to whom the matter has been 
assigned. Hearings shall be held before an administrative law judge 
designated by the Office of Hearings and Appeals in accordance with its 
procedures.
    (3) 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 or other authorized representative as provided in 
43 CFR part 1.
    (4) Procedures, evidence, and record. (i) The hearing, decision, and 
any administrative review thereof shall be conducted in conformity with 
5 U.S.C. 554 through 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 (b)(1) 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 stated in the notice 
for hearing or as determined by the administrative law judge conducting 
the hearing at the outset of or during the hearing.
    (ii) 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 determined 
reasonably 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

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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.
    (5) 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 Federal authorizations to which this part 
applies, or asserted to constitute noncompliance with this part and the 
regulations of one or more other Federal departments or agencies, 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. 27.11.