(a) The rules of practice and procedure promulgated by the OALJ, at
subpart A of 29 CFR part 18, shall govern the conduct of hearings under
this section, except that a request for hearing under this section shall
not be considered a complaint to which the filing of an answer by DOL or
a DOL agency or official is required. Technical rules of evidence shall
not apply to hearings conducted pursuant to this part; however, rules or
principles designed to assure production of the most credible evidence
available and to subject testimony to cross-examination shall apply.
(b) Prehearing procedures. In all cases, the ALJ should encourage
the use of prehearing procedures to simplify and to clarify facts and
issues.
(c) Subpoenas. Subpoenas necessary to secure the attendance of
witnesses and the production of documents or things at hearings shall be
obtained from the ALJ and shall be issued pursuant to the authority
contained in section 163(b) of the Act, incorporating 15 U.S.C. 49.
(d) Timely submission of evidence. The ALJ shall not permit the
introduction at the hearing of any documentation if such documentation
has not been made available for review by the other parties to the
proceeding either at the time ordered for any prehearing conference, or,
in the absence of such an order, at least 3 weeks prior to the hearing
date.
(e) Burden of production. The Grant Officer shall have the burden of
production to support her or his decision. To
this end, the Grant Officer shall prepare and file an administrative
file in support of the decision which shall be made part of the record.
Thereafter, the party or parties seeking to overturn the Grant Officer's
decision shall have the burden of persuasion.
