[Code of Federal Regulations]
[Title 29, Volume 5]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1902.40]

[Page 23-24]
 
                             TITLE 29--LABOR
 
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT 
                                OF LABOR
 
PART 1902--STATE PLANS FOR THE DEVELOPMENT AND ENFORCEMENT OF STATE STANDARDS
--Table of Contents
 
 Subpart D--Procedures for Determinations Under Section 18(e) of the Act
 
Sec. 1902.40  Informal hearing.

    (a) Any hearing conducted under this section shall be legislative in 
type. However, fairness may require an opportunity for cross-examination 
on pertinent issues. The presiding officer is empowered to permit cross-
examination under such circumstances. The essential intent is to provide 
an opportunity for participation and comment by interested persons which 
can be carried out expeditiously and without rigid procedures which 
might unduly impede or protract the 18(e) determination process.
    (b) Although the hearing shall be informal and legislative in type, 
this section is intended to provide more than the bare essentials of 
informal proceedings under 5 U.S.C. 553. The additional requirements are 
the following:
    (1) The presiding officer shall be a hearing examiner appointed 
under 5 U.S.C. 3105.
    (2) The presiding officer shall provide an opportunity for cross-
examination on pertinent issues.
    (3) The hearing shall be reported verbatim, and a transcript shall 
be available to any interested person on such terms as the presiding 
officer may provide.
    (c) The officer presiding at a hearing shall have all the power 
necessary or appropriate to conduct a fair and full hearing, including 
the powers:
    (1) To regulate the course of the proceedings;
    (2) To dispose of procedural requests, objections, and comparable 
matters;
    (3) To confine the presentation to the issues specified in the 
notice of hearing, or, where appropriate, to matters pertinent to the 
issue before the Assistant Secretary;
    (4) To regulate the conduct of those present at the hearing by 
appropriate means;
    (5) To take official notice of material facts not appearing in the 
evidence in the record, as long as the parties are afforded an 
opportunity to show evidence to the contrary;
    (6) In his discretion, to keep the record open for a reasonable and 
specified time to receive additional written recommendations with 
supporting reasons and any additional data, views,

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and arguments from any person who has participated in the oral 
proceeding.
    (d) Upon the completion of the oral presentations, the transcripts 
thereof, together with written submissions on the proceedings, exhibits 
filed during the hearing, and all posthearing comments, recommendations, 
and supporting reasons shall be certified by the officer presiding at 
the hearing to the Assistant Secretary.