(a) Rules of practice and procedure. The rules of practice and
procedure promulgated by the OALJ at subpart A of 29 CFR part 18,
govern the conduct of hearings under this subpart. However, a request
for hearing under this subpart is not considered a complaint to which
the filing of an answer by DOL or a DOL agency or official is required.
Technical Rules of evidence will 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 will apply.
(b) Prehearing procedures. In all cases, the Administrative Law
Judge (ALJ) should encourage the use of prehearing procedures to
simplify and clarify facts and issues.
(c) Subpoenas. Subpoenas necessary to secure the attendance of
witnesses and the production of documents or other items at hearings
must be obtained from the ALJ and must be issued under the authority
contained in section 183(c) of the Act, incorporating 15 U.S.C. 49.
(d) Timely submission of evidence. The ALJ must not permit the
introduction at the hearing of any documentation if it 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 has the burden of
production to support her or his decision. To this end, the Grant
Officer prepares and files an administrative file in support of the
decision which must be made part of the record. Thereafter, the party
or parties seeking to overturn the Grant Officer's decision has the
burden of persuasion.
