[Code of Federal Regulations]
[Title 16, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR1025.1]

[Page 69]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1025--RULES OF PRACTICE FOR ADJUDICATIVE PROCEEDINGS--Table of Contents
 
     Subpart A--Scope of Rules, Nature of Adjudicative Proceedings, 
                               Definitions
 
Sec. 1025.1  Scope of rules.


    The rules in this part govern procedures in adjudicative proceedings 
relating to the provisions of section 15 (c), (d), and (f) and 17(b) of 
the Consumer Product Safety Act (15 U.S.C. 2064 (c), (d), (f); 2066(b)), 
section 15 of the Federal Hazardous Substances Act (15 U.S.C. 1274), and 
sections 3 and 8(b) of the Flammable Fabrics Act (15 U.S.C. 1192, 
1197(b)), which are required by statute to be determined on the record 
after opportunity for a public hearing. These rules will also govern 
adjudicative proceedings for the assessment of civil penalties under 
section 20(a) of the Consumer Product Safety Act (15 U.S.C. 2068(a)), 
except in those instances where the matter of a civil penalty is 
presented to a United States District Court in conjunction with an 
action by the Commission for injunctive or other appropriate relief. 
These Rules may also be used for such other adjudicative proceedings as 
the Commission, by order, shall designate. A basic intent of the 
Commission in the development of these rules has been to promulgate a 
single set of procedural rules which can accommodate both simple matters 
and complex matters in adjudication. To accomplish this objective, broad 
discretion has been vested in the Presiding Officer who will hear a 
matter being adjudicated to allow him/her to alter time limitations and 
other procedural aspects of a case, as required by the complexity of the 
particular matter involved. A major concern of the Commission is that 
all matters in adjudication move forward in a timely manner, consistent 
with the Constitutional due process rights of all parties. It is 
anticipated that in any adjudicative proceedings for the assessment of 
civil penalties there will be less need for discovery since most factual 
matters will already be known by the parties. Therefore, the Presiding 
Officer should, whenever appropriate, expedite the proceedings by 
setting shorter time limitations than those time limitations generally 
applicable under these Rules. For example, the 150-day limitation for 
discovery, as provided in Sec. 1025.31(g), should be shortened, 
consistent with the extent of discovery reasonably necessary to prepare 
for the hearing.

[45 FR 29215, May 1, 1980, as amended at 47 FR 46846, Oct. 21, 1982]