Procedures for legislative hearings

Yes — hearings conducted under 1902.40(a) must be legislative in type, and the presiding officer may permit cross-examination when fairness requires it.

• The provision emphasizes informal, participatory proceedings that can include cross-examination on pertinent issues if the presiding officer determines it is necessary to ensure fairness.
• See also 1902.40(b)(2) for the explicit requirement to provide an opportunity for cross-examination.

A legislative hearing under 1902.40(b) must provide more than the bare essentials of 5 U.S.C. 553 and includes specific additional protections.

• These extra requirements include a presiding hearing examiner appointed under 5 U.S.C. 3105 (1902.40(b)(1)), an opportunity for cross-examination (1902.40(b)(2)), and a verbatim transcript available to interested persons (1902.40(b)(3)).

The presiding officer must be a hearing examiner appointed under 5 U.S.C. 3105, as required by 1902.40(b)(1).

• That means the presiding officer is a qualified hearing examiner rather than an ad hoc or unofficial moderator, ensuring impartial management of the proceedings.

Yes — the presiding officer must provide an opportunity for cross-examination on pertinent issues, as stated in 1902.40(b)(2).

• The rule gives the presiding officer discretion to permit cross-examination when it is relevant to fairness and the matters being considered.

Yes — the hearing must be reported verbatim and a transcript must be made available to any interested person on terms the presiding officer sets, as required by 1902.40(b)(3).

• The presiding officer can set reasonable terms for transcript access (e.g., cost or copies), but a verbatim record is required to support transparency and the Assistant Secretary's decision.

The presiding officer has all powers necessary or appropriate to conduct a fair and full hearing under 1902.40(c).

• These include powers to regulate proceedings, dispose of procedural matters, confine presentations to notice issues, control conduct at the hearing, take official notice of material facts (with opportunity to rebut), and keep the record open for additional written submissions (1902.40(c)(1)–(6)).

Yes — the presiding officer may regulate the course of the proceedings under 1902.40(c)(1).

• This power allows the officer to set the order of witnesses, manage time, determine how evidence is presented, and otherwise keep the hearing organized and efficient.

Yes — the presiding officer is empowered to dispose of procedural requests, objections, and comparable matters under 1902.40(c)(2).

• This includes ruling on motions, admission of exhibits, scheduling disputes, and other procedural issues that arise during the hearing.

Yes — the presiding officer may confine presentations to the issues specified in the notice of hearing or other matters pertinent to the Assistant Secretary's issue under 1902.40(c)(3).

• This ensures the hearing stays focused on the regulatory or legislative questions announced in the notice and prevents unexpected topics from derailing the proceeding.

The presiding officer may regulate the conduct of those present at the hearing by appropriate means under 1902.40(c)(4).

• That can include rules about audience behavior, speaker time limits, decorum, and removal of individuals who disrupt the hearing, to maintain an orderly and fair process.

Yes — the presiding officer may take official notice of material facts not appearing in the record, provided parties are given an opportunity to submit evidence to the contrary under 1902.40(c)(5).

• If the officer takes official notice, affected parties must be allowed to present contrary evidence so the record reflects all viewpoints on those facts.

Yes — the presiding officer may, in his or her discretion, keep the record open for a reasonable and specified time to receive additional written recommendations and supporting material under 1902.40(c)(6).

• The key limits are that the period must be reasonable and specified so participants know the deadline; this allows people who testified orally to supplement the record with written arguments or data.

The presiding officer must certify the hearing transcripts, written submissions on the proceedings, exhibits filed during the hearing, and all posthearing comments, recommendations, and supporting reasons to the Assistant Secretary under 1902.40(d).

• This certification creates the official record the Assistant Secretary will use in making the final decision.

An interested person should expect an opportunity for participation and comment carried out informally and expeditiously under 1902.40(a).

• Participation may include oral presentations, submission of written material, and, where fairness requires, cross-examination.
• The presiding officer will set the terms for how comments are presented and how the record is maintained, consistent with the additional protections in 1902.40(b).

No — hearings under 1902.40(a) are intended to be legislative and informal, not rigid trials, though fairness may require limited cross-examination.

• The presiding officer has discretion to manage the proceeding; while some formal elements exist (e.g., a verbatim transcript and a hearing examiner), the process should avoid undue complexity or delay.

The presiding officer decides whether to permit cross-examination, using discretion based on fairness and the pertinence of the issues, as described in 1902.40(a) and 1902.40(b)(2).

• The officer will weigh whether cross-examination is necessary to resolve relevant factual disputes and preserve the fairness of the hearing.

"Reported verbatim" means the hearing must be recorded word-for-word and a full transcript prepared, as required by 1902.40(b)(3).

• A verbatim transcript preserves exact testimony and arguments so interested persons and decisionmakers can review the full record; the presiding officer may set reasonable terms for obtaining copies.

Yes — the presiding officer may confine presentations to the issues specified in the notice of hearing or to matters pertinent to the issue before the Assistant Secretary under 1902.40(c)(3).

• This keeps the hearing focused on the regulatory questions announced in the notice and prevents side issues from consuming the proceeding.

If the presiding officer takes official notice of material facts, affected parties must be given an opportunity to present evidence to the contrary under 1902.40(c)(5).

• That means the officer cannot rely solely on noticed facts without allowing parties to contest them, preserving fairness and the integrity of the record.