[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: 28CFR48.10]

[Page 30-31]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 48--NEWSPAPER PRESERVATION ACT--Table of Contents
 
Sec. 48.10  Hearings.

    (a) Upon the issuance by the Attorney General of an order for a 
hearing, the Assistant Attorney General for Administration shall appoint 
an administrative law judge in accordance with section 11 of the 
Administrative Procedure Act, 5 U.S.C. 3105. The administrative law 
judge shall:
    (1) Set a date, time and place for the hearing convenient for all 
parties involved. The date set shall be as soon as practicable, allowing 
time for publication of the notice required in Sec. 48.6 and for a 
reasonable period of discovery as provided in this section. In setting a 
place for the hearing, preference shall be given to the community in 
which the applicants' newspapers operate.
    (2) Mail notice of the hearing to the parties, to each person who 
filed written comments or a request for a hearing, and to any other 
person he believes may have an interest in the proceeding.
    (3) Permit discovery by any party, as provided in the Federal Rules 
of Civil Procedure; except that he may place such limits as he deems 
reasonable on the time and manner of taking discovery in order to avoid 
unnecessary delays in the proceedings.
    (4) Conduct a hearing in accordance with section 7 of the 
Administrative Procedure Act, 5 U.S.C. 556. At such hearing, the burden 
of proving that the proposed arrangement meets the requirements of the 
Newspaper Preservation Act will be on the proponents of the arrangement. 
The rules of evidence which govern civil proceedings in matters not 
involving trial by jury in the courts of the United States shall apply, 
but these rules may be relaxed if the ends of justice will be better 
served in so doing: Provided, that the introduction of irrelevant, 
immaterial, or unduly repetitious evidence is avoided. Only parties to 
the proceedings may present evidence, or cross-examine witnesses.
    (b) The applicants and the Assistant Attorney General in charge of 
the Antitrust Division shall be parties in any hearing held hereunder. 
Other persons may intervene as parties as provided in Sec. 48.11.
    (c) The Assistant Attorney General for Administration shall procure 
the

[[Page 31]]

services of a stenographic reporter. One copy of the transcript produced 
shall be placed in the public docket. Additional copies may be purchased 
from the reporter or, if the arrangement with the reporter permits, from 
the Department of Justice at its cost.
    (d) Following the hearing the administrative law judge shall render 
to the Attorney General his recommendation that the proposed arrangement 
be approved or denied approval in accordance with the standards of the 
Act. The recommendation shall be in writing, shall be based solely on 
the hearing record, and shall include a statement of the administrative 
law judge's findings and conclusions, and the reasons or basis therefor, 
on all material issues of fact, law or discretion presented on the 
record. Copies of the recommendation shall be filed and sent to each 
party.
    (e) Within 30 days of the date the administrative law judge files 
his recommendation, any party may file written exceptions to the 
recommendation for consideration by the Attorney General. Parties shall 
then have a further 15 days in which to file responses to any such 
exceptions.