legal · go-v.org

Hearing.

CFR · 2024-01-01 · US · Title 15

(a) (2) The examiner shall be impartial, shall not be an individual who has participated in any manner in the decision to initiate the proceedings, and shall not have been employed under the immediate supervision of the former employee or have been employed under a common immediate supervisor. The examiner shall be admitted to practice law and have suitable experience and training to conduct the hearing, reach a determination and render an initial decision in an equitable manner. (b) (c) (1) To represent himself or herself or to be represented by counsel, (2) To introduce and examine witnesses and to submit physical evidence, (3) To confront and cross-examine adverse witnesses, (4) To present oral argument, and (5) To receive a transcript or recording of the proceedings, on request. (d) (e) (f) (2) The examiner shall issue an initial decision which is based exclusively on the transcript of testimony and exhibits together with all papers and requests filed in connection with the proceeding and which sets forth all findings of fact and conclusions of law relevant to the matter at issue. (3) The initial decision shall become final thirty days after issuance if there has been no appeal filed under § 0.735-48.

official document · source cfr-2024 · id 15:§ 0.735-46