[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: 49CFR211.25]



[Page 68]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 211_RULES OF PRACTICE--Table of Contents

 

                     Subpart B_Rulemaking Procedures

 

Sec.  211.25  Hearings.



    (a) A hearing will be held if required by statute or the 

Administrator finds it necessary or desirable.

    (b) Except for statutory hearings required to be on the record--

    (1) Hearings are fact-finding proceedings, and there are no formal 

pleadings or adverse parties;

    (2) Any rule issued in a proceeding in which a hearing is held is 

not based exclusively on the record of the hearing; and

    (3) Hearings are conducted in accordance with section 553 of title 

5, U.S.C.; section 556 and 557 of title 5 do not apply to hearings held 

under this part.

    (c) The Administrator conducts or designates a representative to 

conduct any hearing held under this part. The Chief Counsel serves or 

designates a member of his staff to serve as legal officer at the 

hearing.