[Code of Federal Regulations]
[Title 29, Volume 5]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1905.26]

[Page 73-74]
 
                             TITLE 29--LABOR
 
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT 
                                OF LABOR
 
PART 1905_RULES OF PRACTICE FOR VARIANCES, LIMITATIONS, VARIATIONS, 
 
                           Subpart C_Hearings
 
Sec. 1905.26  Hearings.

    (a) Order of proceeding. Except as may be ordered otherwise by the 
presiding hearing examiner, the party applicant for relief shall proceed 
first at a hearing.
    (b) Burden of proof. The party applicant shall have the burden of 
proof.
    (c) Evidence--(1) Admissibility. A party shall be entitled to 
present his 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. Any oral or 
documentary evidence may be received, but a presiding hearing examiner 
shall exclude evidence which is irrelevant, immaterial, or unduly 
repetitious.
    (2) Testimony of witnesses. The testimony of a witness shall be upon 
oath or affirmation administered by the presiding hearing examiner.
    (3) Objections. If a party objects to the admission or rejection of 
any evidence, or to the limitation of the scope of any examination or 
cross-examination, or to the failure to limit such scope, he shall state 
briefly the grounds for such objection. Rulings on all objections shall 
appear in the record. Only objections made before the presiding hearing 
examiner may be relied upon subsequently in a proceeding.

[[Page 74]]

    (4) Exceptions. Formal exception to an adverse ruling is not 
required.
    (d) Official notice. Official notice may be taken of any material 
fact not appearing in evidence in the record, which is among the 
traditional matters of judicial notice or concerning which the 
Department of Labor by reason of its functions is presumed to be expert: 
Provided, That the parties shall be given adequate notice, at the 
hearing or by reference in the presiding hearing examiner's decision, of 
the matters so noticed, and shall be given adequate opportunity to show 
the contrary.
    (e) Transcript. Hearings shall be stenographically reported. Copies 
of the transcript may be obtained by the parties upon written 
application filed with the reporter, and upon the payment of fees at the 
rate provided in the agreement with the reporter.