§ 2471.8 - Conduct of factfinding and other hearings; prehearing conferences.  


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  • § 2471.8 Conduct of factfinding and other hearings; prehearing conferences.

    (a) A designated representative of the Panel, when so appointed to conduct a hearing, shall have the authority on behalf of the Panel to:

    (1) Administer oaths, take the testimony or deposition of any person under oath, receive other evidence, and issue subpenas;

    (2) Conduct the hearing in open, or in closed session at the discretion of the designated representative for good cause shown;

    (3) Rule on motions and requests for appearance of witnesses and the production of records;

    (4) Designate the date on which posthearing briefs, if any, shall be submitted.

    (5) Determine all procedural matters concerning the hearing, including the length of sessions, conduct of persons in attendance, recesses, continuances, and adjournments; and take any other appropriate procedural action which, in the judgment of the designated representative, will promote the purpose and objectives of the hearing.

    (b) A prehearing conference may be conducted by the designated representative of the Panel in order to:

    (1) Inform the parties of the purpose of the hearing and the procedures under which it will take place;

    (2) Explore the possibilities of obtaining stipulations of fact;

    (3) Clarify the positions of the parties with respect to the issues to be heard; and

    (4) Discuss any other relevant matters which will assist the parties in the resolution of the dispute.

    [45 FR 3520, Jan. 17, 1980, as amended at 48 FR 19694, May 2, 1983]