[Code of Federal Regulations]
[Title 10, Volume 4]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR820.29]

[Page 499-500]
 
                            TITLE 10--ENERGY
 
                    CHAPTER III--DEPARTMENT OF ENERGY
 
PART 820_PROCEDURAL RULES FOR DOE NUCLEAR ACTIVITIES--Table of Contents
 
                      Subpart B_Enforcement Process
 
Sec. 820.29  Hearing.

    (a) General. Except as otherwise provided by this part or the 
Presiding Officer, a hearing shall be conducted in accordance with the 
Federal Rules of Evidence. The Presiding Officer shall have the 
discretion to admit all evidence that is not irrelevant, immaterial, 
unduly repetitious, or otherwise unreliable or of little probative 
value, if he believes the evidence might facilitate the fair and 
expeditious resolution of the proceeding. But such evidence may be 
reasonably limited by the Presiding

[[Page 500]]

Officer in scope and length in order to permit prompt resolution of the 
proceeding. In the presentation, admission, disposition, and use of 
evidence, the Presiding Officer shall preserve the confidentiality of 
trade secrets and other commercial and financial information, and shall 
protect classified and unclassified controlled nuclear information, as 
well as any other information protected from public disclosure pursuant 
to law or regulation. The confidential, trade secret, or classified or 
otherwise protected status of any information shall not, however, 
preclude its being introduced into evidence. The Presiding Officer may 
make such orders as may be necessary to consider such evidence in 
camera, including the preparation of a supplemental initial decision to 
address questions of law, fact, or discretion that arise out of that 
portion of the evidence that is confidential, includes trade secrets, is 
classified, or is otherwise protected.
    (b) Subpoenas. The attendance of witnesses or the production of 
documentary evidence may be required by subpoena.
    (c) Examination of witnesses. There shall be no direct oral 
testimony by witnesses, except as permitted by the Presiding Officer. In 
lieu of oral testimony, the Presiding Officer shall admit into the 
record as evidence verified written statements of fact or opinion 
prepared by a witness. The admissibility of the evidence contained in 
the statement shall be subject to the same rules as if the testimony 
were produced under oral examination. Before any such statement is read 
or admitted into evidence, the witness shall have delivered a copy of 
the statement to the Presiding Officer and the opposing counsel not less 
than 10 days prior to the date the witness is scheduled to testify. The 
witness presenting the statement shall swear or affirm that the 
statement is true and accurate to the best of his knowledge, 
information, and belief and shall be subject to appropriate oral cross-
examination upon the contents thereof provided such cross-examination is 
not unduly repetitious.
    (d) Burden of presentation; burden of persuasion. The Director has 
the burden of going forward with and of proving that the violation 
occurred as set forth in the Notice of Violation and that the proposed 
civil penalty is appropriate. Following the establishment of a prima 
facie case, respondent shall have the burden of presenting and of going 
forward with any defense to the allegations set forth in the Notice of 
Violation. Each matter of controversy shall be determined by the 
Presiding Officer upon a preponderance of the evidence.