[Code of Federal Regulations]

[Title 31, Volume 3]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 31CFR501.739]



[Page 74-75]

 

                  TITLE 31--MONEY AND FINANCE: TREASURY

 

 CHAPTER V--OFFICE OF FOREIGN ASSETS CONTROL, DEPARTMENT OF THE TREASURY

 

PART 501_REPORTING, PROCEDURES AND PENALTIES REGULATIONS--Table of 

Contents

 

          Subpart D_Trading With the Enemy Act (TWEA) Penalties

 

Sec. 501.739  Record in proceedings before Administrative Law Judge; 

retention of documents; copies.



    (a) Recordation. Unless otherwise ordered by the Administrative Law 

Judge, all hearings shall be recorded and a written transcript thereof 

shall be prepared.

    (1) Availability of a transcript. Transcripts of hearings shall be 

available for purchase.

    (2) Transcript correction. Prior to the filing of post-hearing 

briefs or proposed findings and conclusions, or within such earlier time 

as directed by the Administrative Law Judge, a party or witness may make 

a motion to correct the transcript. Proposed corrections of the 

transcript may be submitted to the Administrative Law Judge by 

stipulation pursuant to Sec. 501.732(c), or by motion. Upon notice to 

all parties to the proceeding, the Administrative Law Judge may, by 

order, specify corrections to the transcript.

    (b) Contents of the record. The record of each hearing shall consist 

of:

    (1) The Order Instituting Proceedings, Answer to Order Instituting 

Proceedings, Notice of Hearing and any amendments thereto;

    (2) Each application, motion, submission or other paper, and any 

amendments, motions, objections, and exceptions to or regarding them;



[[Page 75]]



    (3) Each stipulation, transcript of testimony, interrogatory, 

deposition, and document or other item admitted into evidence;

    (4) With respect to a request to disqualify an Administrative Law 

Judge or to allow the Administrative Law Judge's withdrawal under Sec. 

501.738, each affidavit or transcript of testimony taken and the 

decision made in connection with the request;

    (5) All proposed findings and conclusions;

    (6) Each written order issued by the Administrative Law Judge; and

    (7) Any other document or item accepted into the record by the 

Administrative Law Judge.

    (c) Retention of documents not admitted. Any document offered as 

evidence but excluded, and any document marked for identification but 

not offered as an exhibit, shall not be part of the record. The 

Administrative Law Judge shall retain any such document until the later 

of the date the proceeding becomes final, or the date any judicial 

review of the final proceeding is no longer available.

    (d) Substitution of copies. A true copy of a document may be 

substituted for any document in the record or any document retained 

pursuant to paragraph (c) of this section.