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Code of Federal Regulations Pertaining to U.S. Department of Labor |
| Employees' Benefits |
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| Office of Workers' Compensation Programs, Department of Labor |
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| Claims for Compensation Under the Federal Employees' Compensation Act, As Amended |
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| Appeals Process |
20 CFR 10.617 - How is an oral hearing conducted?
- Section Number: 10.617
- Section Name: How is an oral hearing conducted?
(a) The hearing representative retains complete discretion to set
the time and place of the hearing, including the amount of time allotted
for the hearing, considering the issues to be resolved.
(b) Unless otherwise directed in writing by the claimant, the
hearing representative will mail a notice of the time and place of the
oral hearing to the claimant and any representative at least 30 days
before the scheduled date. The employer will also be mailed a notice at
least 30 days before the scheduled date.
(c) The hearing is an informal process, and the hearing
representative is not bound by common law or statutory rules of
evidence, by technical or formal rules of procedure or by section 5 of
the Administrative Procedure Act, but the hearing representative may
conduct the hearing in such manner as to best ascertain the rights of
the claimant. During the hearing process, the claimant may state his or
her arguments and present new written evidence in support of the claim.
(d) Testimony at oral hearings is recorded, then transcribed and
placed in the record. Oral testimony shall be made under oath.
(e) OWCP will furnish a transcript of the oral hearing to the
claimant and the employer, who have 20 days from the date it is sent to
comment. Any comments received from the employer shall be sent to the
claimant, who will be given an additional 20 days to comment from the
date OWCP sends any agency comments.
(f) The hearing remains open for the submittal of additional
evidence until 30 days after the hearing is held, unless the hearing
representative, in his or her sole discretion, grants an extension. Only
one such extension may be granted. A copy of the decision will be mailed
to the claimant's last known address, to any representative, and to the
employer.
(g) The hearing representative determines the conduct of the oral
hearing and may terminate the hearing at any time he or she determines
that all relevant evidence has been obtained, or because of misbehavior
on the part of the claimant and/or representative at or near the place
of the oral presentation.
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