[Code of Federal Regulations]

[Title 49, Volume 4]

[Revised as of October 1, 2006]

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

[CITE: 49CFR200.9]



[Page 8]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 200_INFORMAL RULES OF PRACTICE FOR PASSENGER SERVICE--Table of 

Contents

 

Sec.  200.9  Hearings.



    (a) Pursuant to any application under this part, a prehearing 

conference will be held if found necessary or desirable by the 

Administrator.

    (b) Pursuant to any application under this part, an oral hearing 

will be held if required by statute or if found necessary or desirable 

by the Administrator.

    (c) Hearings shall be conducted by a panel designated by the 

Administrator, consisting of three FRA employees, including the Chief 

Counsel or a member of his or her staff who shall serve as chairman of 

the panel and the Associate Administrator for Intercity Programs or his 

or her delegate.

    (d) Hearings shall be informal fact-finding proceedings, limited to 

the issues identified by the panel. Sections 556 and 557 of title 5, 

U.S.C., shall not apply.

    (e) All direct evidence shall be reduced to writing and submitted to 

the Docket Clerk thirty days in advance of the hearing unless this 

requirement is expressly waived by the panel. Copies shall be furnished 

to all parties concurrently with the submission to the Docket Clerk.

    (f) The panel may provide for oral presentations and cross-

examination, and shall apply rules of evidence as it finds necessary.

    (g) To the extent deemed appropriate by the panel, interested 

persons, including members of the public, may participate in the 

hearings through the submission of written data, oral presentations, or 

arguments.