[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: 28CFR68.39]

[Page 234-235]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
 PART 68--RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING ALLEGATIONS OF UNLAWFUL EMPLOYMENT OF 
ALIENS, UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES, AND DOCUMENT FRAUD--Table of Contents
 
Sec. 68.39  Formal hearings.

    (a) Public. Hearings shall be open to the public. The Administrative 
Law Judge may order a hearing or any part thereof closed, where to do so 
would be in the best interests of the parties, a witness, the public, or 
other affected persons. Any order closing the hearing shall set forth 
the reasons for the decision. Any objections thereto shall be made a 
part of the record.
    (b) Jurisdiction. The Administrative Law Judge shall have 
jurisdiction to decide all issues of fact and related issues of law.
    (c) Rights of parties. Every party shall have the right of timely 
notice and all other rights essential to a fair hearing, including, but 
not limited to, the right to present evidence, to conduct such cross-
examination as may be necessary for a full and complete disclosure of 
the facts, and to be heard by objection, motion, and argument.
    (d) Rights of participation. Every party shall have the right to 
make a written or oral statement of position. At the discretion of the 
Administrative Law Judge, participants may file proposed findings of 
fact, conclusions of law, and a post hearing brief.
    (e) Amendments to conform to the evidence. When issues not raised by 
the request for hearing, prehearing stipulation, or prehearing order are 
tried by express or implied consent of the parties, they shall be 
treated in all respects as if they had been raised in the pleadings. 
Such amendment of the pleadings as may be necessary to cause them to 
conform to the evidence may be made on motion of any party at any time; 
but failure to so amend does not

[[Page 235]]

affect the result of the hearing of these issues. The Administrative Law 
Judge may grant a continuance to enable the objecting party to meet such 
evidence.

[54 FR 48596, Nov. 24, 1989. Redesignated by Order No. 1534-91, 56 FR 
50053, Oct. 3, 1991]