Ask X3What does 49 CFR 386.56 (Hearings) require?
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Based on 49 CFR 386.56, here is what the regulation requires for hearings:
* Hearing Schedule: As soon as practicable after appointment, the administrative law judge must issue an order setting the date, time, and place for the hearing. This order is served on the parties, becomes part of the record, and may be amended for good cause.
* Public Access: The administrative law judge presides over the hearing, and hearings must be open to the public unless the judge orders otherwise.
* Evidence: The Federal Rules of Evidence must be followed, subject to these rules and the Administrative Procedure Act. Counsel for the Administration may also disclose and offer into evidence documents, physical exhibits, or other materials obtained during an investigation.
* Official Record: The hearing must be stenographically transcribed and reported. The resulting transcript, exhibits, and filed documents make up the official record. Copies of the transcript and exhibits are made available to anyone who pays the prescribed costs.