25 CFR 700.313 – Evidence and procedure
(a) At the hearing and taking of evidence the Applicant shall have an opportunity to:
Terms Used In 25 CFR 700.313
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- 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.
- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
(1) Submit and have considered facts, witnesses, arguments, offers of settlement, or proposals of adjustment;
(2) Be represented by a lawyer or other representative as provided herein;
(3) Have produced Commission evidence relative to the determination, Provided, that the scope of pre-hearing discovery of evidence shall be limited to relevant matters as determined by the Presiding Officer;
(4) Examine and cross-examine witnesses;
(5) Receive a transcript of the hearing on request and upon payment of appropriate Commission fees as published by the Commission, which may be waived in cases of indigency.
(b) The Presiding Officer is empowered to:
(1) Administer oaths and affirmations;
(2) Rule on offers of proof;
(3) Receive relevant evidence;
(4) Take depositions or have depositions taken when the ends of justice would be served and to permit other pre-hearing discovery within his/her discretion;
(5) Regulate the course and conduct of the hearings; including pre-hearing procedures;
(6) Hold pre-hearing or post-hearing conferences for the settlement or simplification of the issues;
(7) Dispose of procedural requests or similar matters;
(8) Make a record of the proceedings;
(9) Hold the record open for submission of evidence no longer than fourteen days after completion of the hearings;
(10) Make or recommend a decision in the case based upon evidence, testimony, and argument presented;
(11) Enforce the provisions of 5 USCA section 557(d) in the event of a violation thereof;
(12) Issue subpoenas authorized by law; and
(13) Extend any time period of this subpart upon his/her own motion or upon motion of the applicant, for good cause shown.