(a) If a party requests a hearing pursuant to Sec. 658.421 (d), (f),
or (h) or Sec. 658.423, the Regional Administrator shall:
(1) Send the party requesting the hearing and all other parties to
the prior State agency hearing, a written notice containing the
statements set forth at Sec. 658.416(e);
(2) Compile four hearing files containing copies of all documents
relevant to the case, indexed and compiled chronologically;
(3) Send simultaneously one hearing file to the DOL Chief
Administrative Law Judge, 800 K Street, NW., suite 400, Washington, DC
20001-8002, one hearing file to the Administrator, and one hearing file
to the Solicitor of Labor, Attn: Associate Solicitor for Employment and
Training Legal Services, and retain one hearing file.
(b) Upon the receipt of a hearing file, the DOL Administrative Law
Judge designated by the Chief Administrative Law Judge shall notify the
party requesting the hearing, all parties to the prior State hearing
official hearing (if any), the State agency, the Regional Administrator,
the Administrator, and
the Solicitor of the receipt of the case. The DOL Administrative Law
Judge shall afford the non-Federal parties 20 working days to submit
legal arguments and supporting documentation, if any, in the case. The
DOL Administrative Law Judge shall afford the Solicitor 20 working days
to submit legal arguments and supporting documentation, if any, in the
case on behalf of the Federal parties. After the 20 working days elapse,
the Hearing Officer shall decide whether to schedule a hearing, or make
a determination on the record.
(c) The DOL Administrative Law Judge may decide to conduct hearings
on more than one complaint concurrently if he/she determines that the
issues are related or that the complaints will be handled more
expeditiously in this fashion.
(d) At the DOL Administrative Law Judge's discretion, other
appropriate individuals, organizations, or associations may be permitted
to participate in the hearing as amicus curiae with respect to specific
legal or factual issues relevant to the complaint. Any documents
submitted by the amicus curiae shall be included in the record.
(e) The following standards shall apply to the location of hearings
involving parties in more than one State or in locations which are
within a State but which are separated geographically so that access to
the hearing location is extremely inconvenient for one or more parties
as determined by the Administrative Law Judge.
(1) Whenever possible, the Administrative Law Judge shall hold a
single hearing, at a location convenient to all parties or their
representatives wishing to appear and present evidence, and with all
such parties and/or their representatives present.
(2) If a hearing location cannot be established by the
Administrative Law Judge at a location pursuant to paragraph (e)(1) of
this section, the Administrative Law Judge may conduct, with the consent
of the parties, the hearing by a telephone conference call from an
office with all parties and their representatives not choosing to be
present at that location permitted to participate in the hearing from
their distant locations.
(3) Where the Administrative Law Judge is unable to locate
facilities to conduct hearings by telephone pursuant to paragraph (e)(1)
or (e)(2) of this section, the Administrative Law Judge shall take
evidence in the States where the parties are located and hold the
hearing in the same manner as used for appealed interstate unemployment
claims in those States, to the extent that such procedures are
consistent with Sec. 658.416.
(f) The DOL Administrative Law Judge shall:
(1) Notify all involved parties of the date, time and place of the
hearing; and
(2) Re-schedule the hearing, as appropriate.
(g) In conducting a hearing the DOL Administrative Law Judge shall:
(1) Regulate the course of the hearing;
(2) Issue subpoenas if necessary;
(3) Consider all relevant issues which are raised;
(4) Rule on the introduction of evidence and testimony;
(5) Take any other action which is necessary to insure an orderly
hearing.
(h) The testimony at the hearing shall be recorded, and shall be
transcribed if appropriate.
(i) The parties to the hearing shall be afforded the opportunity to
present, examine, and cross-examine witnesses. The DOL Administrative
Law Judge may elicit testimony from witnesses, but shall not act as
advocate for any party.
(j) The DOL Administrative Law Judge shall receive, and make part of
the record, documentary evidence offered by any party and accepted at
the hearing. Copies thereof shall be made available by the party
submitting the documentary evidence, to any part to the hearing upon
request.
(k) Technical rules of evidence shall not apply to hearings
conducted pursuant to this part, but rules or principles designed to
assure production of the most credible evidence available and to subject
testimony to test by cross-examination shall be applied where reasonably
necessary by the Administrative Law Judge conducting the hearing. The
Administrative Law Judge
may exclude irrelevant, immaterial, or unduly repetitious evidence.
(l) The case record, or any portion thereof, shall be available for
inspection and copying by any party to the hearing at, prior to, or
subsequent to the hearing upon request. Special procedures may be used
for disclosure of medical and psychological records such as disclosure
to a physician designated by the individual concerned.
(m) The DOL Administrative Law Judge shall, if feasible, encourage
resolution of the dispute by conciliation at any time prior to the
conclusion of the hearing.
[45 FR 39468, June 10, 1980, as amended at 56 FR 54708, Oct. 22, 1991]
