§ 955.17. (Rule 17) Hearings.
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/us/cfr/t39/s§ 955.17·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Where and when held. The Board will set the time, place, and duration of a hearing after consulting with the parties. A hearing may be held in the Board's hearing room in Arlington, Virginia, or any other location after giving due consideration to the just, informal, expeditious, and inexpensive resolution of the appeal.
(b)Notice. The Board will issue an order reasonably in advance of a hearing notifying the parties of the time and place of the hearing.
(c)Unexcused absence. A hearing will not be delayed by an unexcused absence of a party. Instead, the hearing will proceed as if the absent party submitted its case under Rule 11.
(d)Admission of evidence. A hearing will be as informal as reasonably appropriate under the circumstances. The Board may exclude evidence to avoid unfair prejudice, confusion, delay, or the presentation of irrelevant, immaterial, or cumulative evidence. Evidentiary rulings will be guided by the Federal Rules of Evidence. Even so, under Rule 13, the Board may admit evidence not ordinarily admissible under the Federal Rules. The weight to be attached to evidence is within the Board's discretion, taking into consideration all the circumstances of the particular case.
(e)Stipulated testimony. Stipulations of fact agreed to by the parties may be accepted as evidence. The parties may stipulate to testimony that would be given by a witness if the witness were present. The Board may require evidence in addition to that offered by the parties.
(f)Interpreters. A party requiring the use of an interpreter is responsible for making the necessary arrangements and paying all costs and expenses of the interpreter.
(g)Examination of witnesses. Unless otherwise ordered by the Board, witnesses will be examined orally under oath or affirmation. If the testimony of a witness is not given under oath or affirmation, the Board may warn the witness that their statements may be subject to the provisions of 18 U.S.C. 287 and 1001, and any other provisions of law imposing penalties for knowingly making false representations in connection with claims against the United States or in any matter within the jurisdiction of any department or agency of the United States.
(h)Exclusion of witnesses. At the request of either party, or at the Board's discretion, witnesses may be excluded from the hearing room during the testimony of other witnesses. The Board will not, however, exclude:
(1)A party who is an individual;
(2)The properly designated representative of a party that is not an individual;
(3)A person, such as an expert witness, whose presence is essential to the presentation of a party's case; or
(4)A person required by statute to be present.
(i)Transcripts. Unless otherwise ordered, the Board will arrange for a court reporter to transcribe the hearing. The transcript provided by the Board is the official record of the hearing, and the Board will provide the parties with a copy after the hearing.
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§ 955.17
(Rule 17) Hearings.
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