[Code of Federal Regulations]

[Title 41, Volume 2]

[Revised as of July 1, 2005]

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

[CITE: 41CFR101-6.212-4]



[Page 41-42]

 

           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT

 

          CHAPTER 101--FEDERAL PROPERTY MANAGEMENT REGULATIONS

 

PART 101-6_MISCELLANEOUS REGULATIONS--Table of Contents

 

    Subpart 101-6.2_Nondiscrimination in Programs Receiving Federal 

                          Financial Assistance

 

Sec. 101-6.212-4  Procedures, evidence, and record.



    (a) The hearing, decision, and any administrative review thereof 

shall be conducted in conformity with 5 U.S.C. 554-557 (sections 5-8 of 

the Administrative Procedure Act) and in accordance with such rules of 

procedure as are proper (and not inconsistent with this section) 

relating to the conduct of the hearing, giving of notices subsequent to 

those provided for in Sec. 101-6.212-1, taking of testimony, exhibits, 

arguments and briefs, requests for findings, and other related matters. 

Both GSA and the applicant or recipient shall be entitled to introduce 

all relevant evidence on the issues as stated in the notice for hearing 

or as determined by the officer conducting the hearing at the outset of 

or during the hearing.



[[Page 42]]



    (b) Technical rules of evidence shall not apply to hearings 

conducted pursuant to this subpart 101-6.2, but rules or principles 

designed to assure production of the most credible evidence available 

and to subject testimony to test by cross-examination shall be applied 

where reasonably necessary by the officer conducting the hearing. The 

hearing officer may exclude irrelevant, immaterial, or unduly 

repetitious evidence. All documents and other evidence offered or taken 

for the record shall be open to examination by the parties and 

opportunity shall be given to refute facts and arguments advanced on 

either side of the issues. A transcript shall be made of the oral 

evidence except to the extent the substance thereof is stipulated for 

the record. All decisions shall be based upon the hearing record and 

written findings shall be made.



[29 FR 16287, Dec. 4, 1964, as amended at 38 FR 17974, July 5, 1973]