5 U.S.C. § 556 : US Code - Section 556: Hearings; presiding employees; powers and duties; burden of proof; evidence; record as basis of decision

Search 5 U.S.C. § 556 : US Code - Section 556: Hearings; presiding employees; powers and duties; burden of proof; evidence; record as basis of decision

(a) This section applies, according to the provisions thereof, to
hearings required by section 553 or 554 of this title to be
conducted in accordance with this section.
(b) There shall preside at the taking of evidence - 
(1) the agency;
(2) one or more members of the body which comprises the agency;
or
(3) one or more administrative law judges appointed under
section 3105 of this title.
This subchapter does not supersede the conduct of specified classes
of proceedings, in whole or in part, by or before boards or other
employees specially provided for by or designated under statute.
The functions of presiding employees and of employees participating
in decisions in accordance with section 557 of this title shall be
conducted in an impartial manner. A presiding or participating
employee may at any time disqualify himself. On the filing in good
faith of a timely and sufficient affidavit of personal bias or
other disqualification of a presiding or participating employee,
the agency shall determine the matter as a part of the record and
decision in the case.
(c) Subject to published rules of the agency and within its
powers, employees presiding at hearings may - 
(1) administer oaths and affirmations;
(2) issue subpenas authorized by law;
(3) rule on offers of proof and receive relevant evidence;
(4) take depositions or have depositions taken when the ends of
justice would be served;
(5) regulate the course of the hearing;
(6) hold conferences for the settlement or simplification of
the issues by consent of the parties or by the use of alternative
means of dispute resolution as provided in subchapter IV of this
chapter;
(7) inform the parties as to the availability of one or more
alternative means of dispute resolution, and encourage use of
such methods;
(8) require the attendance at any conference held pursuant to
paragraph (6) of at least one representative of each party who
has authority to negotiate concerning resolution of issues in
controversy;
(9) dispose of procedural requests or similar matters;
(10) make or recommend decisions in accordance with section 557
of this title; and
(11) take other action authorized by agency rule consistent
with this subchapter.
(d) Except as otherwise provided by statute, the proponent of a
rule or order has the burden of proof. Any oral or documentary
evidence may be received, but the agency as a matter of policy
shall provide for the exclusion of irrelevant, immaterial, or
unduly repetitious evidence. A sanction may not be imposed or rule
or order issued except on consideration of the whole record or
those parts thereof cited by a party and supported by and in
accordance with the reliable, probative, and substantial evidence.
The agency may, to the extent consistent with the interests of
justice and the policy of the underlying statutes administered by
the agency, consider a violation of section 557(d) of this title
sufficient grounds for a decision adverse to a party who has
knowingly committed such violation or knowingly caused such
violation to occur. A party is entitled to present his case or
defense by oral or documentary evidence, to submit rebuttal
evidence, and to conduct such cross-examination as may be required
for a full and true disclosure of the facts. In rule making or
determining claims for money or benefits or applications for
initial licenses an agency may, when a party will not be prejudiced
thereby, adopt procedures for the submission of all or part of the
evidence in written form.
(e) The transcript of testimony and exhibits, together with all
papers and requests filed in the proceeding, constitutes the
exclusive record for decision in accordance with section 557 of
this title and, on payment of lawfully prescribed costs, shall be
made available to the parties. When an agency decision rests on
official notice of a material fact not appearing in the evidence in
the record, a party is entitled, on timely request, to an
opportunity to show the contrary.