[Code of Federal Regulations]
[Title 29, Volume 2]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR101.10]

[Page 18-19]
 
                             TITLE 29--LABOR
 
                CHAPTER I--NATIONAL LABOR RELATIONS BOARD
 
PART 101_STATEMENTS OF PROCEDURES--Table of Contents
 
Subpart B_Unfair Labor Practice Cases Under Section 10 (a) to (i) of the 
                   Act and Telegraph Merger Act Cases
 
Sec. 101.10  Hearings.

    (a) Except in extraordinary situations the hearing is open to the 
public and usually conducted in the Region where the charge originated. 
A duly designated administrative law judge presides over the hearing. 
The Government's case is conducted by an attorney attached to the 
Board's Regional Office, who has the responsibility of presenting the 
evidence in support of the complaint. The rules of evidence applicable 
in the district courts of the United States under the Rules of Civil 
Procedure adopted by the Supreme Court are, so far as practicable, 
controlling. Counsel for the General Counsel, all parties to the 
proceeding, and the administrative law judge have the power to call, 
examine, and cross-examine witnesses and to introduce evidence into the 
record. They may also submit briefs, engage in oral argument, and submit 
proposed findings and conclusions to the administrative law judge. The 
attendance and testimony

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of witnesses and the production of evidence material to any matter under 
investigation may be compelled by subpoena.
    (b) The functions of all administrative law judges and other Board 
agents or employees participating in decisions in conformity with 
section 8 of the Administrative Procedure Act (5 U.S.C. 557) are 
conducted in an impartial manner and any such administrative law judge, 
agent, or employee may at any time withdraw if he or she deems himself 
or herself disqualified because of bias or prejudice. The Board's 
attorney has the burden of proof of violations of section 8 of the 
National Labor Relations Act and section 222(f) of the Telegraph Merger 
Act. In connection with hearings subject to the provisions of section 7 
of the Administrative Procedure Act (5 U.S.C. 556):
    (1) No sanction is imposed or rule or order issued except upon 
consideration of the whole record or such portions thereof as may be 
cited by any party and as supported by and in accordance with the 
preponderance of the reliable, probative, and substantial evidence.
    (2) Every party has the right to present its case or defense by oral 
or documentary evidence, to submit rebuttal evidence, and to conduct 
such cross-examination as may be required for a full and true disclosure 
of the facts.
    (3) Where any decision rests on official notice of a material fact 
not appearing in the evidence in the record, any party is on timely 
request afforded a reasonable opportunity to show the contrary.
    (4) Subject to the approval of the administrative law judge, all 
parties to the proceeding voluntarily may enter into a stipulation 
dispensing with a verbatim written transcript of record of the oral 
testimony adduced at the hearing and providing for the waiver by the 
respective parties of their right to file with the Board exceptions to 
the findings of fact (but not to conclusions of law or recommended 
orders) in the administrative law judge's decision.