§ 2200.209 - Hearing.

§ 2200.209 Hearing.

(a) Procedures. As soon as practicable after the conclusion of the pre-hearing conference, the Judge will hold a hearing on any issue that remains in dispute. The hearing will be in accordance with subpart E of these rules, except for § 2200.60, 2200.73, and 2200.74 which will not apply.

(b) Agreements. At the beginning of the hearing, the Judge will enter into the record all agreements reached by the parties as well as defenses raised during the pre-hearing conference. The parties and the Judge then will attempt to resolve or narrow the remaining issues. The Judge will enter into the record any further agreements reached by the parties.

(c) Evidence. Except as to matters that are protected by evidentiary privilege, the admission of evidence is not controlled by the Federal Rules of Evidence, but the Judge may accept a written stipulation of the parties that the Federal Rules of Evidence shall apply in whole or, as specified, in part. The Judge will receive oral, physical, or documentary evidence that is not irrelevant, unduly repetitious, or unreliable. Testimony will be given under oath or affirmation. The Federal Rules of Evidence do not apply.

(d) Reporter. A reporter will be present at the hearing. An official verbatim transcript of the hearing will be prepared and filed with the Judge. Parties may purchase copies of the transcript from the reporter.

(e) Oral and written argument. Each party may present an oral argument at the close of the hearing. PostThe Judge may allow or require post-hearing briefs will not be allowed except by order of the Judge. or statements of position upon the request of either party or on the Judge's own motion. The form of any post-hearing briefs shall conform to § 2200.74 unless the Judge specifies otherwise.

(f) Judge's decision. Where practicable, the Judge will render his or her -

(1) Bench decision. The Judge may render a decision from the bench. In rendering

his or her

a decision from the bench, the Judge shall state the issues in the case and make clear both

his or her

the Judge's findings of fact and conclusions of law on the record. The Judge shall reduce

his or her order

the bench decision in the matter to writing and

transmit

serve it

to

on the parties as soon as practicable, but no later than 45 days after the hearing.

All relevant transcript paragraphs and pages shall be excerpted and included in the decision. Alternatively, within 45 days of the hearing

If additional time is needed, approval of the Chief Administrative Law Judge is required. The decision shall be prepared in accordance with § 2200.90(a). The written decision shall include, as an appendix, the bench decision as set forth in the transcript.

(2) Written decision. If the Judge does not render a decision from the bench, the Judge will issue a written decision within 60 days of the close of the record. The record will ordinarily be deemed closed upon the latter of the filing of the hearing transcript, or the completion of any permitted post-hearing briefing. The decision will be in accordance with § 2200.90(a). If additional time is needed, approval of the Chief Administrative Law Judge is required.

(g) Filing of Judge's decision with the Executive Secretary. When the Judge issues a written decision, it shall be filed simultaneously with the Commission and the parties. Once the Judge's order is transmitted to the Executive Secretary, § 2200.90(b) applies, with the exception of the 11-day period provided for in rule § 2200.90(b)(2).

[60 FR 41809, Aug. 14, 1995, as amended at 62 FR 40934, July 31, 1997; 73 FR 56492, Sept. 29, 2008; 74 FR 63988, Dec. 7, 2009; 75 FR 18404, Apr. 12, 2010]

service, filing, and docketing of the Judge's written decision shall be in accordance with § 2200.90.