[Code of Federal Regulations]

[Title 20, Volume 1]

[Revised as of April 1, 2005]

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

[CITE: 20CFR320.25]



[Page 548]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 320_INITIAL DETERMINATIONS UNDER THE RAILROAD UNEMPLOYMENT 

INSURANCE ACT AND REVIEWS OF AND APPEALS FROM SUCH DETERMINATIONS

--Table of Contents

 

Sec.  320.25  Hearing of appeal.



    (a) Manner of conducting hearing. The hearing shall be informal, 

fair, and impartial, and shall be conducted in such manner as to 

ascertain the substantial rights of the parties. The hearing shall not 

be open to the public.

    (b) Evidence presented in support of appeal. (1) Any party, or his 

or her representative, shall be afforded full opportunity to present 

evidence upon any controversial question of fact, orally or in writing 

or by means of exhibits; to examine and cross-examine witnesses; and to 

present argument in support of the appeal.

    (2) The formal rules of evidence shall not apply; however, the 

hearings officer may exclude evidence which he or she finds is 

irrelevant or repetitious. Any evidence excluded by the hearings officer 

shall be described and that description made part of the record.

    (3) If, in the judgment of the hearings officer, evidence not 

offered is available and is relevant and material to the merits of the 

claim, the hearings officer may obtain such evidence upon his or her own 

initiative. If new evidence is obtained after an oral hearing, other 

than evidence submitted by a party or his representative, the hearings 

officer shall provide the parties or their representatives with a copy 

of such evidence. In such event, any party shall have 30 days to submit 

rebuttal evidence or argument or to request a supplemental hearing to 

confront and challenge such new evidence. Any party may move for an 

extension of time to submit rebuttal evidence or argument and the 

hearings officer may grant the motion upon a showing of good cause.

    (c) Where no oral hearing required. Where the hearings officer finds 

that no factual issues are presented by an appeal, and the only issues 

raised by the parties are issues concerning the application or 

interpretation of law, the parties or their representatives shall be 

afforded full opportunity to submit written argument in support of their 

position but no oral hearing shall be held.

    (d) Hearing by telephone. At the discretion of the hearings officer, 

any hearing required under this part may be conducted by telephone 

conference.



[Board Order 58-142, 23 FR 9090, Nov. 22, 1958, as amended at 56 FR 

65681, Dec. 18, 1991; 67 FR 77157, Dec. 17, 2002]