Any hearing conducted under this section shall be legislative in type. However, fairness may require an
opportunity for cross-examination on pertinent issues. The presiding officer is empowered to permit cross-examination under such circumstances. The
essential intent is to provide an opportunity for participation and comment by interested persons which can be carried out expeditiously and without
rigid procedures which might unduly impede or protract the 18(e) determination process.
Although the hearing shall be informal and legislative in type, this section is intended to provide
more than the bare essentials of informal proceedings under 5 U.S.C. 553. The additional requirements are the following:
The presiding officer shall be a hearing examiner appointed under 5 U.S.C. 3105.
The presiding officer shall provide an opportunity for cross-examination on pertinent
The hearing shall be reported verbatim, and a transcript shall be available to any interested person
on such terms as the presiding officer may provide.
The officer presiding at a hearing shall have all the power necessary or appropriate to conduct a fair
and full hearing, including the powers:
To regulate the course of the proceedings;
To dispose of procedural requests, objections, and comparable matters;
To confine the presentation to the issues specified in the notice of hearing, or, where appropriate,
to matters pertinent to the issue before the Assistant Secretary;
To regulate the conduct of those present at the hearing by appropriate means;
To take official notice of material facts not appearing in the evidence in the record, as long as
the parties are afforded an opportunity to show evidence to the contrary;
In his discretion, to keep the record open for a reasonable and specified time to receive additional
written recommendations with supporting reasons and any additional data, views, and arguments from any person who has participated in the oral
Upon the completion of the oral presentations, the transcripts thereof, together with written
submissions on the proceedings, exhibits filed during the hearing, and all posthearing comments, recommendations, and supporting reasons shall be
certified by the officer presiding at the hearing to the Assistant Secretary.