[Code of Federal Regulations]

[Title 15, Volume 3]

[Revised as of January 1, 2006]

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

[CITE: 15CFR904.251]



[Page 52]

 

                  TITLE 15--COMMERCE AND FOREIGN TRADE

 

CHAPTER IX--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT 

                               OF COMMERCE

 

PART 904_CIVIL PROCEDURES--Table of Contents

 

                 Subpart C_Hearing and Appeal Procedures

 

Sec. 904.251  Evidence.



    (a) At the hearing, every party has the right to present oral or 

documentary evidence in support of its case or defense, to submit 

rebuttal evidence, and to conduct such cross-examination as may be 

required for a full and true disclosure of the facts. This paragraph may 

not be interpreted to diminish the powers and duties of the Judge under 

this subpart.

    (b) All evidence that is relevant, material, reliable, and 

probative, and not unduly repetitious or cumulative, is admissible at 

the hearing. Formal rules of evidence do not necessarily apply to the 

proceedings, and hearsay evidence is not inadmissible as such.

    (c) Formal exceptions to the rulings of the Judge are unnecessary. 

It is sufficient that a party, at the time of the ruling, makes known 

the action that it desires the Judge to take or its objection to an 

action taken, and the grounds therefor. Rulings on each objection must 

appear in the record.

    (d) In any case involving a charged violation of law in which the 

party charged has admitted an allegation, evidence may be taken to 

establish matters of aggravation or mitigation.

    (e) Exhibits in a foreign language must be translated into English 

before such exhibits are offered into evidence. Copies of both the 

untranslated and translated versions of the proposed exhibits, along 

with the name of the translator, must be served on the opposing party at 

least 10 days prior to the hearing unless the parties otherwise agree.

    (f) A party who intends to raise an issue concerning the law of a 

foreign country must give reasonable notice. The Judge, in determining 

foreign law, may consider any relevant material or source, whether or 

not submitted by a party.