[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR511.13]

[Page 95-96]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 511_WAGE ORDER PROCEDURE FOR AMERICAN SAMOA--Table of Contents
 
Sec. 511.13  Evidence.

    In accordance with the notice of hearing, the committee and any 
authorized subcommittee will take official notice of the facts stated in 
the economic report to the extent they are not refuted by evidence 
received at the hearing. Other pertinent evidence available to the 
Department of Labor may be presented at the hearing. The committee 
itself may call witnesses not otherwise scheduled to testify. Oral or 
documentary evidence may be received, but the committee shall exclude 
irrelevant, immaterial, and unduly repetitious evidence. Every 
interested person who has met the requirements for participation as a 
party shall have the right to present his or her case by oral or 
documentary evidence, to submit rebuttal evidence, and to conduct such 
cross-examination of witnesses called by others as may be required for a 
full and true disclosure of the facts. Testimony on behalf of an 
employer or group of employers as to inability to pay the minimum wage 
rate specified in paragraph (1) of section 6(a) of the Act, or as to 
inability to adjust to a higher minimum wage rate than prescribed by any 
applicable wage order of the Secretary, shall be supported by tangible 
objective data filed as part of the prehearing statement under Sec. 
511.8. Financial or other

[[Page 96]]

data shall include data for the most recent year or fraction thereof for 
which data are available. Financial statements filed in accordance with 
this provision, except those relating to a period of less than a full 
fiscal year or a fiscal year ending less than 90 days prior to the 
filing of the prehearing statement, shall be certified by an independent 
public accountant or shall be sworn to conform to and be consistent with 
the corresponding income tax returns covering the same years. Evidence 
of witnesses not present at the hearing may be submitted only by 
affidavits received with, or as a part of, a prehearing statement that 
meets the requirements of Sec. 511.8 and satisfactorily explains why 
each affiant cannot be present. Such affidavits will be received in 
evidence to the same extent that testimony from affiants would have been 
admitted had they been present. The committee will give such weight to 
these statements as it considers appropriate, and the fact that such 
affiants have not been subject to cross-examination may be considered, 
along with other relevant facts, in assessing the weight to be given 
such evidence.

[55 FR 53299, Dec. 28, 1990]