[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: 45CFR801.308]



[Page 320]

 

                        TITLE 45--PUBLIC WELFARE

 

              CHAPTER VIII--OFFICE OF PERSONNEL MANAGEMENT

 

PART 801_VOTING RIGHTS PROGRAM--Table of Contents

 

           Subpart C_Challenges to Listing on Eligibility List

 

Sec. 801.308  Rights and duties of parties.



    (a) The challenger has the burden of proceeding and proof at the 

hearing and shall appear personally or with a representative to 

prosecute the challenge, except that when a continuance is sought the 

challenger may appear by a representative. If a challenger fails to 

appear personally to prosecute the challenge, the hearing officer shall 

issue a decision denying the challenge or make such other disposition as 

is warranted by the circumstances.

    (b) The challenged person has the right to appear at the hearing 

personally or by or with a representative, and to present witnesses and 

documentary evidence in his behalf.