[Code of Federal Regulations]

[Title 43, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 43CFR17.8]



[Page 383-384]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

PART 17_NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OF THE DEPARTMENT

OF THE INTERIOR--Table of Contents

 

  Subpart A_Nondiscrimination on the Basis of Race, Color, or National 

                                 Origin

 

Sec.  17.8  Hearings.



    (a) Opportunity for hearing. Whenever an opportunity for a hearing 

is required by Sec.  17.7(c), reasonable notice shall be given by 

registered or certified mail, return receipt requested, to the affected 

applicant or recipient. This notice shall advise the applicant or 

recipient of the action proposed to be taken, the specific provision 

under which the proposed action against it is to be taken, and the 

matters of fact or law asserted as the basis for this action, and either 

(1) fix a date not less than 20 days after the date of such notice 

within which the applicant or recipient may request of the 

administrative law judge to whom the matter has been assigned that the 

matter be scheduled for hearing or (2) advise the applicant or recipient 

that the matter in question has been set down for hearing at a stated 

place and time. The time and place so fixed shall be reasonable and 

shall be subject to change for cause. The complainant, if any, shall be 

advised of the time and place of the hearing. An applicant or recipient 

may waive a hearing and submit written information and argument for the 

record. The failure of an applicant or recipient to request a hearing 

under this paragraph or to appear at a hearing for which a date has been 

set shall be deemed to be a waiver of the right to a hearing under 

section 602 of the act and Sec.  17.7(c) and consent to the making of a 

decision on the basis of such information as is available.

    (b) Time and place of hearing. Hearings shall be held at the Office 

of Hearings and Appeals of the Department in the Washington, DC, area, 

at a time fixed by the administrative law judge to whom the matter has 

been assigned unless he determines that the convenience of the applicant 

or recipient or of the Department requires that another place be 

selected. Hearings shall be held before an administrative law judge 

designated by the Office of Hearings and Appeals in accordance with 5 

U.S.C. 3105 and 3344.

    (c) Right to counsel. In all proceedings under this section, the 

applicant or recipient and the Department shall have the right to be 

represented by counsel.

    (d) Procedures, evidence, and record (1) The hearing, decision, and 

any administrative review thereof shall be conducted in conformity with 

5 U.S.C. 554-557, and in accordance with such rules of procedure as are 

proper (and not inconsistent with this section) relating to the conduct 

of the hearing, giving of notices subsequent to those provided for in 

paragraph (a) of this section, taking of testimony, exhibits, arguments 

and briefs, requests for findings, and other related matters. Both the 

Department and the applicant or recipient shall be entitled to introduce 

all relevant evidence on the issues as stated in the notice for hearing 

or as determined by the officer conducting the hearing at the outset of 

or during the hearing.

    (2) Technical rules of evidence shall not apply to hearings 

conducted pursuant to this part, but rules or principles designed to 

assure production of the most credible evidence available and to subject 

testimony to test by cross-examination shall be applied where reasonably 

necessary by the officer conducting the hearing. The hearing officer may 

exclude irrelevant, immaterial, or unduly repetitious evidence. All 

documents and other evidence offered or taken for the record shall be 

open to examination by the parties and opportunity shall be given to 

refute facts and arguments advanced on either side of the issues. A 

transcript shall be made of the oral evidence except to the extent that 

the substance thereof is stipulated for the record. All decisions shall 

be based upon the hearing record and written findings shall be made.

    (e) Consolidated or joint hearings. In cases in which the same or 

related facts are asserted to constitute noncompliance with this part 

with respect to two or more Federal statutes, authorities, or other 

means by which Federal financial assistance is extended and to which 

this part applies or noncompliance with this part and the regulations of 

one or more other Federal departments or agencies issued under title VI 

of the act, the Secretary



[[Page 384]]



may, by agreement with such other departments or agencies, where 

applicable, provide for the conduct of consolidated or joint hearings, 

and for the application to such hearings of rules of procedure not 

inconsistent with this part. Final decisions in such cases, insofar as 

this part is concerned, shall be made in accordance with Sec.  17.9.



[29 FR 16293, Dec. 4, 1964, as amended at 38 FR 17977, July 5, 1973]