25 CFR §700.313
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (a)At the hearing and taking of evidence the Applicant shall have an opportunity to:
- (1)Submit and have considered facts, witnesses, arguments, offers of settlement, or proposals of adjustment;
- (2)Be represented by a lawyer or other representative as provided herein;
- (3)Have produced Commission evidence relative to the determination, Provided, that the scope of pre-hearing discovery of evidence shall be limited to relevant matters as determined by the Presiding Officer;
- (4)Examine and cross-examine witnesses;
- (5)Receive a transcript of the hearing on request and upon payment of appropriate Commission fees as published by the Commission, which may be waived in cases of indigency.
- (b)The Presiding Officer is empowered to:
- (1)Administer oaths and affirmations;
- (2)Rule on offers of proof;
- (3)Receive relevant evidence;
- (4)Take depositions or have depositions taken when the ends of justice would be served and to permit other pre-hearing discovery within his/her discretion;
- (5)Regulate the course and conduct of the hearings; including pre-hearing procedures;
- (6)Hold pre-hearing or post-hearing conferences for the settlement or simplification of the issues;
- (7)Dispose of procedural requests or similar matters;
- (8)Make a record of the proceedings;
- (9)Hold the record open for submission of evidence no longer than fourteen days after completion of the hearings;
- (10)Make or recommend a decision in the case based upon evidence, testimony, and argument presented;
- (11)Enforce the provisions of 5 USCA section 557(d) in the event of a violation thereof;
- (12)Issue subpoenas authorized by law; and
- (13)Extend any time period of this subpart upon his/her own motion or upon motion of the applicant, for good cause shown.