[Code of Federal Regulations]

[Title 45, Volume 3]

[Revised as of October 1, 2005]

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

[CITE: 45CFR509.6]



[Page 35-36]

 

                        TITLE 45--PUBLIC WELFARE

 

 CHAPTER V--FOREIGN CLAIMS SETTLEMENT COMMISSION OF THE UNITED STATES, 

                          DEPARTMENT OF JUSTICE

 

PART 509_FILING OF CLAIMS AND PROCEDURES THEREFOR--Table of Contents

 

Sec. 509.6  Hearings.



    (a) Hearings, whether upon the Commission's own motion or upon 

request of claimant, will be held upon not less than fifteen days' 

notice of the time and place thereof.

    (b) The hearings will be open to the public unless otherwise 

requested by claimant and ordered by the Commission, or when required by 

law.

    (c) The hearings will be conducted by the Commission, its designee 

or designees. Oral testimony and documentary evidence, including 

depositions that may have been taken as provided by statute and the 

rules of practices, may be offered in evidence on the claimant's behalf 

or by counsel for the Commission designated by it to represent the 

public interest opposed to the allowance of any unjust or unfounded 

claim or portion thereof; and either may cross-examine as to evidence 

offered through witnesses on behalf of the other. Objections to the 

admission of any such evidence will be ruled upon by the presiding 

officer.

    (d) The hearings will be conducted as non-adversarial proceedings. 

However, the claimant will be the moving party, and will have the burden 

of proof on all issues involved in the determination of his or her 

claim.

    (e) Hearings may be stenographically reported or electronically 

recorded, either at the request of the claimant or upon the discretion 

of the Commission. A claimant making such a request must notify the 

Commission at least ten (10) days prior to the hearing date. When a 

stenographic record or transcript of a hearing is ordered at the 

claimant's request, the cost of the reporting and transcription will be 

charged to the claimant.

    (f) The following rules of procedure will apply in the conduct of 

hearings held by the Commission for presentation of objections to 

Proposed Decisions:

    (1) Presentation of Objections to Proposed Decisions

    (i) Objections should focus either on the presentation of new 

evidence, or on the presentation of arguments demonstrating that, in the 

claimant's view, the Commission erred in considering the evidence 

previously submitted. Restatements of facts, evidence or materials 

already established in the record should be avoided.

    (ii) The Chief Counsel of the Commission or designated staff 

attorney will first introduce the objecting claimant and any witnesses 

to the Commission, and will then present a brief summary of the case, 

together with reasons supporting the decision as issued.

    (iii) The objecting claimant and all witnesses will be sworn.

    (iv) The objecting claimant, or the claimant's attorney, will then 

present the claimant's objections to the Commission, specifically 

setting forth the basis for the claimant's disagreement with the 

Proposed Decision, and the reasons supporting the claimant's contention 

that a more favorable decision should be rendered. Claimants will 

normally be limited to fifteen (15) minutes for their presentation of 

objections, but may request additional time if needed.

    (v) Following presentation of the claimant's objection, the Chief 

Counsel or designated staff attorney will be allotted an equivalent 

amount of time to question the claimant and the claimant's witnesses 

with respect to the testimony and other evidence presented in support of 

the objection.



[[Page 36]]



    (vi) The objecting claimant or the claimant's attorney, and the 

Chief Counsel or designated staff attorney, will then be allotted up to 

five (5) minutes each for follow-up or rebuttal.

    (vii) The Chair and Commissioners may direct questions to the 

objecting claimant and the claimant's attorney, and to the Chief Counsel 

or designated staff attorney, at any time during the proceedings 

described in the foregoing.

    (viii) The foregoing provisions may be modified at the discretion of 

the Chair as circumstances may require.

    (ix) At the conclusion, the Chair will inform the participants that 

the Commission will take the matter under advisement, and that a written 

Final Decision disposing of the objection will issue in due course.

    (2) Submission to Questioning/Conduct of Proceedings

    (i) Presentation of the claimant's objection by the objecting 

claimant or the claimant's attorney, and of follow-up and rebuttal by 

the claimant or the claimant's attorney and by the Chief Counsel or 

designated staff attorney, must be directed to the Commission. Verbal 

exchanges between the objecting claimant or the claimant's attorney, and 

the Chief Counsel or designated staff attorney, will be limited to 

questions and answers during the questioning phase of the proceeding 

described in paragraph (f)(1)(v) of this section, unless otherwise 

necessary for clarification or exchange of documents.

    (ii) Professional conduct and courtesies of the kind normally 

accorded in appellate judicial proceedings must be observed in all 

appearances and proceedings before the Commission.