(a) Motions and requests made prior to the hearing shall be filed
with the Chief Administrative Law Judge. The moving party shall serve a
copy of all motions and requests on all other parties. Motions during
the course of the hearing may be stated orally or filed in writing and
shall be made part of the record. Each motion shall state the particular
order, ruling, or action desired, and the grounds therefor. The
Administrative Law Judge is authorized to rule upon all motions made
prior to the filing of his report.
(b) A party may request the attendance of witnesses and/or the
production of documents at a hearing held pursuant to this part, by
written application before the hearing or orally during the hearing.
Copies of an application filed before the opening of the hearing shall
be served on the other parties, who may file written objections to the
request within seven (7) days after such service. The Administrative Law
Judge after consideration of any objections, shall grant the request
provided the specified testimony and/or documents appear to be necessary
to the matters under investigation. If the Administrative Law Judge
denies the request he shall set forth the basis for his ruling. Upon the
failure of any party or officer or employee of any party to comply with
such a request which has been granted by the Administrative Law Judge,
the Administrative Law Judge
and the Assistant Secretary may disregard all related evidence offered
by the party failing to comply with the request or take such other
action as may be appropriate.
(c) Employees who have been determined to be necessary as witnesses
at a hearing shall be granted official time only for such participation
as occurs during their regular work hours and when they would otherwise
be in a work or paid leave status. Participation as witnesses includes
the time necessary to travel to and from the site of a hearing, and the
time spent giving testimony and waiting to give testimony, when such
time falls during regular work hours.
[45 FR 15158, Mar. 7, 1980. Redesignated and amended at 50 FR 31311,
31313, Aug. 1, 1985]
