5 CFR 2422.20 v2 – What rights do parties have at a hearing?
(a) Rights. A party at a hearing will have the right:
Terms Used In 5 CFR 2422.20 v2
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
(1) To appear in person or by a representative;
(2) To examine and cross-examine witnesses; and
(3) To introduce into the record relevant evidence.
(b) Documentary evidence and stipulations. Parties must submit two (2) copies of documentary evidence to the Hearing Officer and copies to all other parties. Stipulations of fact between the parties may be introduced into evidence.
(c) Oral argument. Parties will have a reasonable period before the close of the hearing for oral argument. Presentation of a closing oral argument does not preclude a party from filing a brief under paragraph (d) of this section.
(d) Briefs. A party will be given an opportunity to file a brief with the Regional Director.
(1) A party must file an original and two (2) copies of a brief with the Regional Director within thirty (30) days from the close of the hearing.
(2) No later than five (5) days before the date the brief is due a party must file and the Regional Director must receive a written request for an extension of time to file a brief.
(3) Absent the Regional Director’s permission, parties may not file a reply brief.