[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: 43CFR4.122]



[Page 81-82]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

PART 4_DEPARTMENT HEARINGS AND APPEALS PROCEDURES--Table of Contents

 

    Subpart C_Special Rules of Practice Before the Interior Board of 

                            Contract Appeals

 

Sec.  4.122  Nature of hearings.



    Hearings shall be as informal as may be reasonable and appropriate 

in the circumstances. Appellant and respondent may offer at a hearing on 

the merits of such relevant evidence as they



[[Page 82]]



deem appropriate and as would be admissible under the generally accepted 

rules of evidence applied in the courts of the United States in nonjury 

trials, subject, however, to the sound discretion of the presiding 

member or hearing officer in supervising the extent and manner of 

presentation of such evidence. In general, admissibility will hinge on 

relevancy and materiality. Letters or copies thereof, affidavits, or 

other evidence not ordinarily admissible under the generally accepted 

rules of evidence, may be admitted in the discretion of the presiding 

member or hearing officer. The weight to be attached to evidence 

presented in any particular form will be within the discretion of the 

Board, taking into consideration all the circumstances of the particular 

case. Stipulations of fact agreed upon by the parties may be regarded 

and used as evidence at the hearing. The parties may stipulate the 

testimony that would be given by a witness if the witness were present. 

The Board may in any case require evidence in addition to that offered 

by the parties.