[Code of Federal Regulations]
[Title 20, Volume 1]
[Revised as of April 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR320.25]

[Page 529]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
                  CHAPTER II--RAILROAD RETIREMENT BOARD
 
PART 320_INITIAL DETERMINATIONS UNDER THE RAILROAD UNEMPLOYMENT 
 
Sec. 320.25  Hearing of appeal.

    (a) Manner of conducting hearing. The hearing shall be informal, 
fair, and impartial, and shall be conducted in such manner as to 
ascertain the substantial rights of the parties. The hearing shall not 
be open to the public.
    (b) Evidence presented in support of appeal. (1) Any party, or his 
or her representative, shall be afforded full opportunity to present 
evidence upon any controversial question of fact, orally or in writing 
or by means of exhibits; to examine and cross-examine witnesses; and to 
present argument in support of the appeal.
    (2) The formal rules of evidence shall not apply; however, the 
hearings officer may exclude evidence which he or she finds is 
irrelevant or repetitious. Any evidence excluded by the hearings officer 
shall be described and that description made part of the record.
    (3) If, in the judgment of the hearings officer, evidence not 
offered is available and is relevant and material to the merits of the 
claim, the hearings officer may obtain such evidence upon his or her own 
initiative. If new evidence is obtained after an oral hearing, other 
than evidence submitted by a party or his representative, the hearings 
officer shall provide the parties or their representatives with a copy 
of such evidence. In such event, any party shall have 30 days to submit 
rebuttal evidence or argument or to request a supplemental hearing to 
confront and challenge such new evidence. Any party may move for an 
extension of time to submit rebuttal evidence or argument and the 
hearings officer may grant the motion upon a showing of good cause.
    (c) Where no oral hearing required. Where the hearings officer finds 
that no factual issues are presented by an appeal, and the only issues 
raised by the parties are issues concerning the application or 
interpretation of law, the parties or their representatives shall be 
afforded full opportunity to submit written argument in support of their 
position but no oral hearing shall be held.
    (d) Hearing by telephone. At the discretion of the hearings officer, 
any hearing required under this part may be conducted by telephone 
conference.

[Board Order 58-142, 23 FR 9090, Nov. 22, 1958, as amended at 56 FR 
65681, Dec. 18, 1991; 67 FR 77157, Dec. 17, 2002]