- Part Number:1987
- Part Number Title:Procedures for Handling Retaliation Complaints Under Section 402 of the FDA Food Safety Modernization Act
- Subpart:1987 Subpart B
- Subpart Title:Litigation
- Standard Number:
- GPO Source:
Except as provided in this part, proceedings will be conducted in accordance with the rules of practice and procedure for administrative hearings before the Office of Administrative Law Judges, codified at subpart A of part 18 of this title.
Upon receipt of an objection and request for hearing, the Chief Administrative Law Judge will promptly assign the case to an ALJ who will notify the parties, by certified mail, of the day, time, and place of hearing. The hearing is to commence expeditiously, except upon a showing of good cause or unless otherwise agreed to by the parties. Hearings will be conducted de novo on the record. ALJs have broad discretion to limit discovery in order to expedite the hearing.
If both the complainant and the respondent object to the findings and/or order, the objections will be consolidated and a single hearing will be conducted.
Formal rules of evidence will not apply, but rules or principles designed to assure production of the most probative evidence will be applied. The ALJ may exclude evidence that is immaterial, irrelevant, or unduly repetitious.
[79 FR 8629-8630, Feb. 13, 2014; 81 FR 22542, April 18, 2016]