[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: 49CFR201.18]



[Page 13]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 201_FORMAL RULES OF PRACTICE FOR PASSENGER SERVICE--Table of Contents

 

Sec.  201.18  Conduct of the hearing.



    (a) The hearing shall be held at the time and place fixed in the 

notice of hearing, unless the presiding officer changes the time or 

place. If a change occurs, the presiding officer shall publish the 

change in the Federal Register and shall expeditiously notify all 

parties by telephone or by mail; provided, that if the change in time or 

place of hearing is made less than five days before the date previously 

fixed for the hearing, the presiding officer shall also announce, or 

cause to be announced, the change at the time and place previously fixed 

for the hearing.

    (b) The presiding officer shall, at the commencement of the hearing, 

introduce into the record. The notice of hearing as published in the 

Federal Register; all subsequent notices published in the Federal 

Register; the draft Environmental Impact Statement if it is required, 

and the comments thereon and agency responses to the comments; and a 

list of all parties. Direct testimony shall then be received with 

respect to the matters specified in the final agenda in such order as 

the presiding officer shall announce. With respect to direct testimony 

submitted as rebuttal testimony or in response to new issues presented 

by the prehearing conference, the presiding officer shall determine the 

relevance of such testimony.

    (c) The hearing shall be publicly conducted and reported verbatim by 

an offical reporter.

    (d) If a party objects to the admission or rejection of any direct 

testimony or to any other ruling of the presiding officer during the 

hearing, he shall state briefly the grounds of such objection, whereupon 

an automatic exception will follow if the objection is overruled by the 

presiding officer. The transcript shall not include argument or debate 

thereon except as ordered by the presiding officer. The ruling of the 

presiding officer on any objection shall be a part of the transcript and 

shall be subject to review at the same time and in the same manner as 

the Administrator's final decision. Only objections made before the 

presiding officer may subsequently be relied upon in the proceedings.

    (e) All motions and requests shall be addressed to, and ruled on by, 

the presiding officer if made prior to his certification of the 

transcript, or by the Administrator if made thereafter.