§ 5.541 - Official notice by Commandant and Administrative Law Judge.  


Latest version.
  • (a) In addition to other rules providing for judicial notice, the Commandant and the Administrative Law Judges will consider the following without requiring the investigating officer or the respondent to submit them in evidence:

    (1) Federal Law. The Constitution; Congressional Acts, Resolutions, Records, Journals and Committee Reports; Decisions of Federal Courts; Executive Orders and Proclamations; and rules, regulations, orders and notices published in the Federal Register.

    (2) State law. The Constitution and public laws of each State.

    (3) Governmental organizations. The organization, territorial limitations, officers, departments, and general administration of the Government of the United States, its States, territories, possessions and the Commonwealth of Puerto Rico.

    (4) Commandant's decisions. The Commandant's decisions in all appeal and review cases under this part. (See § 5.65.)

    (b) Matters officially noticed by the Commandant or the Administrative Law Judge are specified on the record. The investigating officer and the respondent shall be afforded an opportunity, on the record, to rebut such matters.