[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: 43CFR4.122]

[Page 64]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
PART 4--DEPARTMENT HEARINGS AND APPEALS PROCEDURES--Table of Contents
 
   Subpart C--Special Rules of Practice Before the Interior Board of 
                            Contract Appeals
 
Sec. 4.122  Nature of hearings.

    Hearings shall be as informal as may be reasonable and appropriate 
in the circumstances. Appellant and respondent may offer at a hearing on 
the merits of such relevant evidence as they deem appropriate and as 
would be admissible under the generally accepted rules of evidence 
applied in the courts of the United States in nonjury trials, subject, 
however, to the sound discretion of the presiding member or hearing 
officer in supervising the extent and manner of presentation of such 
evidence. In general, admissibility will hinge on relevancy and 
materiality. Letters or copies thereof, affidavits, or other evidence 
not ordinarily admissible under the generally accepted rules of 
evidence, may be admitted in the discretion of the presiding member or 
hearing officer. The weight to be attached to evidence presented in any 
particular form will be within the discretion of the Board, taking into 
consideration all the circumstances of the particular case. Stipulations 
of fact agreed upon by the parties may be regarded and used as evidence 
at the hearing. The parties may stipulate the testimony that would be 
given by a witness if the witness were present. The Board may in any 
case require evidence in addition to that offered by the parties.