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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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| Certification of Eligibility to Apply for Worker Adjustment Assistance |
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| Petitions and Determinations of Eligibility To Apply for Adjustment Assistance |
29 CFR 90.13 - Public hearings.
- Section Number: 90.13
- Section Name: Public hearings.
(a) When held. A public hearing shall be held in connection with an
investigation instituted under Sec. 90.12 whenever, not later than ten
(10) days after the date of publication in the Federal Register of the
notice of receipt of the petition, such a hearing is requested in
writing by:
(1) The petitioner; or
(2) Any other person found by the Director or Deputy Director to
have a substantial interest in the proceedings. Such petitioner and
other interested persons shall be afforded an opportunity to be present,
to produce evidence, and to be heard.
(b) Form of request. A request for public hearing shall be filed in
the same manner as provided for filing of petitions and other documents
under Sec. 90.31(a). A request by a person other than the petitioner
shall contain:
(1) The name, address, and telephone number of the person,
organization, or group requesting the hearing; and
(2) A complete statement of the relationship of the person,
organization, or group requesting the hearing to the petitioner or the
subject matter of the petition and a statement of the nature of its
interest in the proceeding.
(c) Time and place. Public hearings will be held at the time and
place specified in a notice published in the Federal Register. Such
notice shall be published at least seven (7) calendar days before the
scheduled hearing.
(d) Presiding officer. The Director or Deputy Director shall conduct
and preside over public hearings.
(e) Order of testimony. Witnesses will testify in the order
designated by the presiding officer. Each witness, after being duly
sworn, will proceed with
testimony. After testifying, a witness may be questioned by the
presiding officer or an agent designated by the presiding officer. Any
person who has entered an appearance in accordance with paragraph (j) of
this section may direct questions to the witness, but only for the
purpose of assisting the presiding officer in obtaining relevant and
material facts with respect to the subject matter of the hearing.
(f) Evidence. Witnesses may produce evidence of a relevant and
material nature to the subject matter of the hearing.
(g) Briefs. Briefs of the evidence produced at the hearing and
arguments thereon may be presented to the presiding officer by parties
who have entered an appearance. Three (3) copies of such briefs shall be
filed with the presiding officer within ten (10) days of the completion
of the hearing.
(h) Oral argument. The presiding officer shall provide opportunity
for oral argument after conclusion of the testimony in a hearing. The
presiding officer will determine in each instance the time to be allowed
for argument and the allocation thereof.
(i) Authentication of evidence. Evidence, oral or written, submitted
at hearings, will upon order of the presiding officer be subject to
verification from books, papers, and records of the parties submitting
such evidence and from any other available sources.
(j) Transcripts. All hearings will be stenographically reported.
Persons interested in transcripts of the hearings may inspect them at
the U.S. Department of Labor in Washington, DC, or purchase copies as
provided in 29 CFR 70.62(c).
(k) Appearances. The petitioner or any other person showing a
substantial interest in the proceedings may enter an appearance at a
hearing, either in person or by a duly authorized representative.
[42 FR 32772, June 28, 1977, as amended at 52 FR 23401, June 19, 1987]
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