[Code of Federal Regulations]
[Title 16, Volume 1]
[Revised as of January 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR3.41]

[Page 67-68]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
                   CHAPTER I--FEDERAL TRADE COMMISSION
 
PART 3_RULES OF PRACTICE FOR ADJUDICATIVE PROCEEDINGS--Table of Contents
 
                           Subpart E_Hearings
 
Sec. 3.41  General rules.


    (a) Public hearings. All hearings in adjudicative proceedings shall 
be public unless an in camera order is entered by the Administrative Law 
Judge pursuant to Sec. 3.45(b) of this chapter or unless otherwise 
ordered by the Commission.
    (b) Expedition. Hearings shall proceed with all reasonable 
expedition, and, insofar as practicable, shall be held at one place and 
shall continue, except for brief intervals of the sort normally involved 
in judicial proceedings, without suspension until concluded. Consistent 
with the requirements of expedition:
    (1) The Administrative Law Judge may order hearings at more than one 
place and may grant a reasonable recess at the end of a case-in-chief 
for the purpose of discovery deferred during the pre-hearing procedure 
where the Administrative Law Judge determines

[[Page 68]]

that such recess will materially expedite the ultimate disposition of 
the proceeding.
    (2) When actions involving a common question of law or fact are 
pending before the Administrative Law Judge, the Administrative Law 
Judge may order a joint hearing of any or all the matters in issue in 
the actions; the Administrative Law Judge may order all the actions 
consolidated; and the Administrative Law Judge may make such orders 
concerning proceedings therein as may tend to avoid unnecessary costs or 
delay.
    (3) When separate hearings will be conducive to expedition and 
economy, the Administrative Law Judge may order a separate hearing of 
any claim, or of any separate issue, or of any number of claims or 
issues.
    (c) Rights of parties. Every party, except intervenors, whose rights 
are determined under Sec. 3.14, shall have the right of due notice, 
cross-examination, presentation of evidence, objection, motion, 
argument, and all other rights essential to a fair hearing.
    (d) Adverse witnesses. An adverse party, or an officer, agent, or 
employee thereof, and any witness who appears to be hostile, unwilling, 
or evasive, may be interrogated by leading questions and may also be 
contradicted and impeached by the party calling him.
    (e) Participation in adjudicative packaging and labeling hearings. 
At adjudicative hearings under the Fair Packaging and Labeling Act, any 
party or any interested person designated as a party pursuant to Sec. 
3.13, or his representative, may be sworn as a witness and heard.
    (f) Requests for an order requiring a witness to testify or provide 
other information and granting immunity under title 18, section 6002, of 
the United States Code, shall be disposed of in accordance with Sec. 
3.39.

(18 U.S.C. 6002, 6004)

[32 FR 8449, June 13, 1967, as amended at 37 FR 5017, Mar. 9, 1972; 37 
FR 5609, Mar. 17, 1972; 39 FR 34398, Sept. 25, 1974; 44 FR 62887, Nov. 
1, 1979]