[Code of Federal Regulations]
[Title 10, Volume 4]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR708.28]

[Page 337]
 
                            TITLE 10--ENERGY
 
                    CHAPTER III--DEPARTMENT OF ENERGY
 
PART 708_DOE CONTRACTOR EMPLOYEE PROTECTION PROGRAM--Table of Contents
 
          Subpart C_Investigation, Hearing and Decision Process
 
Sec. 708.28  What procedures govern a hearing conducted by the Office 
of Hearings and Appeals?

    (a) In all hearings under this part:
    (1) The parties have the right to be represented by a person of 
their choosing or to proceed without representation. The parties are 
responsible for producing witnesses in their behalf, including 
requesting the issuance of subpoenas, if necessary;
    (2) Testimony of witnesses is given under oath or affirmation, and 
witnesses must be advised of the applicability of 18 U.S.C. 1001 and 
1621, dealing with the criminal penalties associated with false 
statements and perjury;
    (3) Witnesses are subject to cross-examination;
    (4) Formal rules of evidence do not apply, but OHA may use the 
Federal Rules of Evidence as a guide; and
    (5) A court reporter will make a transcript of the hearing.
    (b) The Hearing Officer has all powers necessary to regulate the 
conduct of proceedings:
    (1) The Hearing Officer may order discovery at the request of a 
party, based on a showing that the requested discovery is designed to 
produce evidence regarding a matter, not privileged, that is relevant to 
the subject matter of the complaint;
    (2) The Hearing Officer may permit parties to obtain discovery by 
any appropriate method, including deposition upon oral examination or 
written questions; written interrogatories; production of documents or 
things; permission to enter upon land or other property for inspection 
and other purposes; and requests for admission;
    (3) The Hearing Officer may issue subpoenas for the appearance of 
witnesses on behalf of either party, or for the production of specific 
documents or other physical evidence;
    (4) The Hearing Officer may rule on objections to the presentation 
of evidence; exclude evidence that is immaterial, irrelevant, or unduly 
repetitious; require the advance submission of documents offered as 
evidence; dispose of procedural requests; grant extensions of time; 
determine the format of the hearing; direct that written motions, 
documents, or briefs be filed with respect to issues raised during the 
course of the hearing; ask questions of witnesses; direct that 
documentary evidence be served upon other parties (under protective 
order if such evidence is deemed confidential); and otherwise regulate 
the conduct of the hearing;
    (5) The Hearing Officer may, at the request of a party or on his or 
her own initiative, dismiss a claim, defense, or party and make adverse 
findings upon the failure of a party or the party's representative to 
comply with a lawful order of the Hearing Officer, or, without good 
cause, to attend a hearing;
    (6) The Hearing Officer, upon request of a party, may allow the 
parties a reasonable time to file pre-hearing briefs or written 
statements with respect to material issues of fact or law. Any pre-
hearing submission must be limited to the issues specified and filed 
within the time prescribed by the Hearing Officer.
    (7) The parties are entitled to make oral closing arguments, but 
post-hearing submissions are only permitted by direction of the Hearing 
Officer.
    (8) Parties allowed to file written submissions must serve copies 
upon the other parties within the time prescribed by the Hearing 
Officer.
    (9) The Hearing Officer is prohibited, beginning with his or her 
appointment and until a final agency decision is issued, from initiating 
or otherwise engaging in ex parte (private) discussions with any party 
on the merits of the complaint.

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