(a) Hearings shall be conducted in accordance with sections 5-8 of
the Administrative Procedure Act, 5 U.S.C. 553 et seq.
(b) Technical rules of evidence shall not apply, 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 if necessary by
the Administrative Law Judge conducting the hearing. The Administrative
Law Judge may exclude irrelevant, immaterial or unduly repetitious
evidence. All documents and other evidence offered or taken for the
record shall be open to examination by the parties. Opportunity shall be
given to refute facts and arguments advanced on either side of the
issue. A transcript shall be made of the oral evidence except to the
extent the substance thereof is stipulated for the record.
(c) The general provisions governing discovery as provided in the
Rules of Civil Procedure for the United States District Court, title V,
28 U.S.C., rules 26 through 37, may be made applicable to the extent
that the Administrative Law Judge concludes that their use would promote
the proper advancement of the hearing.
(d) When a public officer is a respondent in a hearing in an
official capacity and during its pendency dies, resigns, or otherwise
ceases to hold office, the proceeding does not abate and the officer's
successor is automatically substituted as a party. Proceedings following
the substitution shall be in the name of the substituted party, but any
misnomer not affecting the substantive rights of the parties shall be
disregarded. An order of substitution may be entered at any time, but
the omission to enter such an order shall not affect the substitution.
