[Code of Federal Regulations]
[Title 16, Volume 2]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR1025.1]

[Page 67-68]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1025_RULES OF PRACTICE FOR ADJUDICATIVE PROCEEDINGS--Table of 
Contents
 
     Subpart A_Scope of Rules, Nature of Adjudicative Proceedings, 
                               Definitions
 
Sec.  1025.1  Scope of rules.




     Subpart A_Scope of Rules, Nature of Adjudicative Proceedings, 
                               Definitions

Sec.  
1025.1 Scope of rules.
1025.2 Nature of adjudicative proceedings.
1025.3 Definitions.

       Subpart B_Pleadings, Form, Execution, Service of Documents

1025.11 Commencement of proceedings.
1025.12 Answer.
1025.13 Amendments and supplemental pleadings.
1025.14 Form and filing of documents.
1025.15 Time.
1025.16 Service.
1025.17 Intervention.
1025.18 Class actions.
1025.19 Joinder of proceedings.

Subpart C_Prehearing Procedures, Motions, Interlocutory Appeals, Summary 
                         Judgments, Settlements

1025.21 Prehearing conferences.
1025.22 Prehearing briefs.
1025.23 Motions.
1025.24 Interlocutory appeals.
1025.25 Summary decisions and orders.
1025.26 Settlements.

                 Subpart D_Discovery, Compulsory Process

1025.31 General provisions governing discovery.
1025.32 Written interrogatories to parties.
1025.33 Production of documents and things.
1025.34 Requests for admission.
1025.35 Depositions upon oral examination.
1025.36 Motions to compel discovery.
1025.37 Sanctions for failure to comply with discovery orders.
1025.38 Subpoenas.
1025.39 Orders requiring witnesses to testify or provide other 
          information and granting immunity.

                           Subpart E_Hearings

1025.41 General rules.
1025.42 Powers and duties of Presiding Officer.
1025.43 Evidence.
1025.44 Expert witnesses.
1025.45 In camera materials.
1025.46 Proposed findings, conclusions and order.
1025.47 Record.
1025.48 Official docket.
1025.49 Fees.

                           Subpart F_Decision

1025.51 Initial decision.
1025.52 Adoption of initial decision.
1025.53 Appeal from initial decision.
1025.54 Review of initial decision in absence of appeal.
1025.55 Final decision on appeal or review.
1025.56 Reconsideration.
1025.57 Effective date of order.
1025.58 Reopening of proceedings.

               Subpart G_Appearances, Standards of Conduct

1025.61 Who may make appearances.
1025.62 Authority for representation.
1025.63 Written appearances.
1025.64 Attorneys.
1025.65 Persons not attorneys.
1025.66 Qualifications and standards of conduct.
1025.67 Restrictions as to former members and employees.
1025.68 Prohibited communications.

     Subpart H_Implementation of the Equal Access to Justice Act in 
              Adjudicative Proceedings With the Commission

1025.70 General provisions.
1025.71 Information required from applicant.
1025.72 Procedures for considering applications.

Appendix I to Part 1025--Suggested Form of Final Prehearing Order

    Authority: Consumer Product Safety Act (secs. 15, 20, 27 (15 U.S.C. 
2064, 2069, 2076), the Flammable Fabrics Act (Sec.  5, 15 U.S.C. 1194), 
the Federal Trade Commission Act (15 U.S.C. 45)), unless otherwise 
noted.

    Source: 45 FR 29215, May 1, 1980, unless otherwise noted.

[[Page 68]]



    The rules in this part govern procedures in adjudicative proceedings 
relating to the provisions of section 15 (c), (d), and (f) and 17(b) of 
the Consumer Product Safety Act (15 U.S.C. 2064 (c), (d), (f); 2066(b)), 
section 15 of the Federal Hazardous Substances Act (15 U.S.C. 1274), and 
sections 3 and 8(b) of the Flammable Fabrics Act (15 U.S.C. 1192, 
1197(b)), which are required by statute to be determined on the record 
after opportunity for a public hearing. These rules will also govern 
adjudicative proceedings for the assessment of civil penalties under 
section 20(a) of the Consumer Product Safety Act (15 U.S.C. 2068(a)), 
except in those instances where the matter of a civil penalty is 
presented to a United States District Court in conjunction with an 
action by the Commission for injunctive or other appropriate relief. 
These Rules may also be used for such other adjudicative proceedings as 
the Commission, by order, shall designate. A basic intent of the 
Commission in the development of these rules has been to promulgate a 
single set of procedural rules which can accommodate both simple matters 
and complex matters in adjudication. To accomplish this objective, broad 
discretion has been vested in the Presiding Officer who will hear a 
matter being adjudicated to allow him/her to alter time limitations and 
other procedural aspects of a case, as required by the complexity of the 
particular matter involved. A major concern of the Commission is that 
all matters in adjudication move forward in a timely manner, consistent 
with the Constitutional due process rights of all parties. It is 
anticipated that in any adjudicative proceedings for the assessment of 
civil penalties there will be less need for discovery since most factual 
matters will already be known by the parties. Therefore, the Presiding 
Officer should, whenever appropriate, expedite the proceedings by 
setting shorter time limitations than those time limitations generally 
applicable under these Rules. For example, the 150-day limitation for 
discovery, as provided in Sec.  1025.31(g), should be shortened, 
consistent with the extent of discovery reasonably necessary to prepare 
for the hearing.

[45 FR 29215, May 1, 1980, as amended at 47 FR 46846, Oct. 21, 1982]