§ 556. Hearings; Presiding
Employees; Powers and Duties; Burden of Proof; Evidence; Record as
Basis of Decision
(a)
This section applies, according to the provisions thereof, to
hearings required by
section 553 or
554 of this title to be conducted in accordance with this
section.
(b) There
shall preside at the taking of evidence-
(1)
the agency;
(2)
one or more members of the body which comprises the agency;
(3)
one or more administrative law judges appointed under
section 3105 of this title.
This subchapter does not supersede the
conduct of specified classes of proceedings, in whole or in part, by
or before boards or other employees specially provided for by or
designated under statute. The functions of presiding employees and
of employees participating in decisions in accordance with
section 557 of this title shall be conducted in an impartial
manner. A presiding or participating employee may at any time
disqualify himself. On the filing in good faith of a timely and
sufficient affidavit of personal bias or other disqualification of a
presiding or participating employee, the agency shall determine the
matter as a part of the record and decision in the case.
(c) Subject
to published rules of the agency and within its powers, employees
presiding at hearings may--
(1)
administer oaths and affirmations;
(2)
issue subpoenas authorized by law;
(3)
rule on offers of proof and receive relevant evidence;
(4)
take depositions or have depositions taken when the ends of justice
would be served;
(5)
regulate the course of the hearing;
(6)
hold conferences for the settlement or simplification of the issues
by consent of the parties or by the use of alternative means of
dispute resolution as provided in subchapter IV of this chapter;
(7)
inform the parties as to the availability of one or more alternative
means of dispute resolution, and encourage use of such methods;
(8)
require the attendance at any conference held pursuant to paragraph
(6) of at least one representative of each party who has authority
to negotiate concerning resolution of issues in controversy;
(9)
dispose of procedural requests or similar matters;
(10)
make or recommend decisions in accordance with
section 557 of this title; and
(11)
take other action authorized by agency rule consistent with this
subchapter.
(d) Except as otherwise provided
by statute, the proponent of a rule or order has the burden of
proof. Any oral or documentary evidence may be received, but the
agency as a matter of policy shall provide for the exclusion of
irrelevant, immaterial, or unduly repetitious evidence. A sanction
may not be imposed or rule or order issued except on consideration
of the whole record or those parts thereof cited by a party and
supported by and in accordance with the reliable, probative, and
substantial evidence. The agency may, to the extent consistent with
the interests of justice and the policy of the underlying statutes
administered by the agency, consider a violation of
section 557(d) of this title sufficient grounds for a decision
adverse to a party who has knowingly committed such violation or
knowingly caused such violation to occur. A party is entitled to
present his case or defense by oral or documentary evidence, to
submit rebuttal evidence, and to conduct such cross-examination as
may be required for a full and true disclosure of the facts. In rule
making or determining claims for money or benefits or applications
for initial licenses an agency may, when a party will not be
prejudiced thereby, adopt procedures for the submission of all or
part of the evidence in written form.
(e) The
transcript of testimony and exhibits, together with all papers and
requests filed in the proceeding, constitutes the exclusive record
for decision in accordance with
section 557 of this title and, on payment of lawfully prescribed
costs, shall be made available to the parties. When an agency
decision rests on official notice of a material fact not appearing
in the evidence in the record, a party is entitled, on timely
request, to an opportunity to show the contrary. |