[Code of Federal Regulations]
[Title 49, Volume 5, Parts 400 to 999]
[Revised as of October 1, 1998]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR821]

[Page 1085-1086]
                        TITLE 49--TRANSPORTATION
                              SAFETY BOARD
Subpart F--Hearings

Sec. 821.37  Notice of hearing.

    (a) Notice. The chief law judge (or his law judge delegate) or the 
law judge to whom the case is assigned shall set a reasonable date, time 
and place for the hearing. The notice of the hearing shall be served at 
least 30 days in advance thereof, and shall include notice of the nature 
of the hearing. The law judge may set the hearing fewer than 30 days 
after the notice of hearing is served if the parties agree to an earlier 
hearing date. In setting the hearing date, due regard shall be given to 
any need for discovery. In setting the place of the hearing, due regard 
shall be given to the convenience of the parties and to conservation of 
Board funds. The location of the witnesses and the suitability of a site 
served by a scheduled air carrier are added factors to be considered in 
setting the hearing location, as is Board policy that foreign-held 
hearings are appropriate only in the most extraordinary circumstances.
    (b) Hearings in several sessions. Where appropriate, the law judge 
may determine that a hearing will be held in one or more sessions at the 
same or different places.

[40 FR 30243, July 17, 1975, as amended at 49 FR 28250, July 11, 1984, 
59 FR 59048, Nov. 15, 1994]

Sec. 821.38  Evidence.

    (a) Every party shall have the right to present a case-in-chief or 
defense by oral or documentary evidence, to submit evidence in rebuttal, 
and to conduct such cross-examination as may be required for a full and 
true disclosure of the facts. Hearsay evidence (including hearsay within 
hearsay where there are acceptable circumstantial indicia of 
trustworthiness) is admissible.
    (b) All material and relevant evidence should be admitted, but a law 
judge may exclude unduly repetitious evidence pursuant to Sec. 556(d) of 
the Administrative Procedure Act. Any evidence that is offered and 
excluded may be described (via an ``offer of proof''), and that 
description should be made a part of the record.

[59 FR 59048, Nov. 15, 1994]

[[Page 1086]]

Sec. 821.39  Argument and submissions.

    At the hearing, the law judge shall give the parties adequate 
opportunity for the presentation of arguments in support of, or in 
opposition to, motions, objections, and rulings. Prior to the initial 
decision, the parties shall be afforded a reasonable opportunity to 
submit for consideration proposed findings and conclusions and 
supporting reasons therefor.

Sec. 821.40  Record.
    The transcript of testimony and exhibits, together with all papers, 
requests, and rulings filed in the proceeding shall constitute the 
exclusive record of the proceeding. The record shall also include any 
proceeding upon an affidavit of personal bias or disqualification of a 
law judge. Copies of the transcript may be obtained by any party upon 
payment of the reasonable cost thereof. A copy may be examined at the 
National Transportation Safety Board Public Reference Room No. 806D, at 
800 Independence Avenue, SW., Washington, DC 20594.

Sec. 821.41  Certification to the Board.

    At any time prior to the close of the hearing, the Board may direct 
the law judge to certify any question or the entire record in the 
proceeding to the Board for decision, except an interlocutory ruling. In 
cases where the record is certified to the Board, the law judge shall 
not render an initial decision but shall only recommend to the Board a 
decision as provided in 5 U.S.C. 557 (Administrative Procedure).