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Content Last Revised: 8/10/2007 |
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Code of Federal Regulations Pertaining to U.S. Department of Labor |
| Labor |
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| Office of the Secretary of Labor |
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| Procedures for the Handling of Discrimination Complaints Under Federal Employee Protection Statutes |
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| Litigation |
(a) Except as provided in this part, proceedings will be conducted
in accordance with the rules of practice and procedure for
administrative hearings before the Office of Administrative Law Judges,
codified at subpart A, 29 CFR part 18.
(b) Upon receipt of an objection and request for hearing, the Chief
Administrative Law Judge will promptly assign the case to a judge who
will notify the parties, by certified mail, of the day, time, and place
of hearing. The hearing is to commence expeditiously, except upon a
showing of good cause or otherwise agreed to by the parties. Hearings
will be conducted de novo, on the record. Administrative law judges
have broad discretion to limit discovery in order to expedite the
hearing.
(c) If both the complainant and the respondent object to the
findings and/or order, the objections will be consolidated, and a
single hearing will be conducted.
(d) Formal rules of evidence will not apply, but rules or
principles designed
to assure production of the most probative evidence available will be
applied. The administrative law judge may exclude evidence that is
immaterial, irrelevant, or unduly repetitious.