[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR301.309]

[Page 452]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
   CHAPTER III--FEDERAL PRISON INDUSTRIES, INC., DEPARTMENT OF JUSTICE
 
PART 301--INMATE ACCIDENT COMPENSATION--Table of Contents
 
  Subpart C--Compensation for Work-Related Physical Impairment or Death
 
Sec. 301.309  In-person hearing before the committee.

    (a) The appeal shall be considered to have been abandoned if the 
claimant fails to appear at the time and place set for the hearing and 
does not, within 10 days after the time set for that hearing, show good 
cause for failure to appear.
    (b) In conducting the hearing, the Committee is not bound by common 
law or statutory rules of evidence, or by technical or formal rules of 
procedure, but may conduct the hearing in such manner as to best 
ascertain the rights and obligations of the claimant and the government. 
At such hearing, the claimant shall be afforded an opportunity to 
present evidence in support of the claim under review.
    (c) The Committee shall consider all evidence presented by the 
claimant, and shall, in addition, consider any other evidence as the 
Committee may determine to be useful in evaluating the claim. Evidence 
may be presented orally and/or in the form of written statements and 
exhibits.
    (d) A representative appointed in accordance with the provisions of 
this section may make or give, on behalf of the claimant, any request or 
notice relative to any proceeding before the Committee. A representative 
shall be entitled to present or elicit evidence or make allegations as 
to fact and law in any proceeding affecting the claimant and to request 
information with respect to the claim. Likewise, any request for 
additional information, or notice to any claimant of any administrative 
action, determination, or decision, may be sent to the representative of 
such claimant, and shall have the same force and effect as if it had 
been sent to the claimant.
    (e) In order to fully evaluate the claim, the Committee may question 
the claimant and any witness(es) appearing before the Committee on 
behalf of the claimant or government.
    (f) Claimant, or claimant's representative, may question the 
Committee or any witness(es) appearing before the Committee on behalf of 
the government, but only on matters determined by the Committee to be 
relevant to its evaluation of the claim.
    (g) The hearing shall be recorded, and a copy of the recording or, 
at the discretion of the Committee, a transcript thereof shall be made 
available to the claimant upon request, provided such request is made 
not later than 90 days following the date of the hearing.