[Code of Federal Regulations]
[Title 49, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR98.7]

[Page 737]
 
                        TITLE 49--TRANSPORTATION
 
          Subtitle A--Office of the Secretary of Transportation
 
PART 98_ENFORCEMENT OF RESTRICTIONS ON POST-EMPLOYMENT ACTIVITIES--Table of Contents
 
           Subpart A_Administration of Enforcement Proceedings
 
Sec.  98.7  Hearing.

    (a) The examiner shall, within 30 working days of a request for a 
hearing under Sec.  98.5(b), schedule the hearing for a reasonable time, 
date, and place. The examiner shall grant any delays or continuances 
that the examiner determines to be necessary and appropriate for fair 
resolution of the case, with due regard to the former employee's need 
for adequate time to prepare a defense and for expeditious resolution of 
allegations that may be damaging to that former employee's reputation.
    (b) The following rights shall be granted to a former employee who 
requests a hearing under Sec.  98.5(b):
    (1) To represent oneself or to be represented by counsel.
    (2) To introduce and examine witnesses and to submit physical 
evidence.
    (3) To confront and cross-examine adverse witnesses.
    (4) To present oral argument.
    (5) To obtain a transcript or recording of the hearing on request 
from the official reporter upon payment of the fees fixed therefor.
    (c) In a hearing under this part, the Federal Rules of Civil 
Procedure and Evidence do not apply. However, the examiner may make such 
orders and determinations regarding discovery, admissibility of 
evidence, conduct of examination and cross-examination, and similar 
matters the examiner deems necessary or appropriate to ensure 
orderliness in the proceedings and fundamental fairness to the parties.