Federal Contract Compliance Programs, Labor § 60–30.19

§ 60–30.16 Appearances. an order with respect to such objection or failure to produce a witness. (a) Representation. The parties or other persons or organizations partici- [43 FR 49259, Oct. 20, 1978; 43 FR 51401, Nov. 3, pating pursuant to this part 60–30 have 1978] the right to be represented by counsel. (b) Failure to appear. In the event § 60–30.18 Rules of evidence. that a party appears at the hearing and In any hearing, decision, or adminis- no party appears for the opposing side, trative review conducted pursuant to the party who is present shall have an this part, all evidentiary matters shall election to present his evidence in be governed by Office of Administra- whole or such portion thereof sufficient tive Law Judges’ Rules of evidence at to make a prima facie case before the 29 CFR part 18, subpart B, Provided Administrative Law Judge. Failure to however, That the provision at 29 CFR appear at the hearing shall not be 18.1104 which delays the effective date deemed to be a waiver of the right to of the rule with respect to certain in- be served with a copy of the Adminis- vestigations does not apply. trative Law Judge’s recommended de- cision and to file exceptions to it. [55 FR 19069, May 8, 1990]

§ 60–30.17 Appearance of witnesses. § 60–30.19 Objections; exceptions; offer of proof. (a) A party wishing to procure the appearance at the hearing of any per- (a) Objections. If a party objects to son having personal or expert knowl- the admission or rejection of any evi- edge of the matters in issue shall serve dence or to the limitation of the scope on the prospective witness a notice, of any examination or cross-examina- which may be accomplished by an ad- tion or the failure to limit such scope, ministrative subpoena, setting forth he shall state briefly the grounds for the time, date, and place at which he is such objection. Rulings on all objec- to appear for the purpose of giving tes- tions shall appear in the record. Only timony. The notice shall also set forth objections made on the record may be the categories of documents the wit- relied upon subsequently in the pro- ness is to bring with him to the hear- ceedings. ing, if any. A copy of the notice shall (b) Exceptions. Formal exception to be filed with the Administrative Law an adverse ruling is not required. Rul- Judge and additional copies shall be ings by the Administrative Law Judge served upon the opposing parties. shall not be appealed prior to the (b) It shall be the obligation of each transfer of the case to the Secretary, party to produce for examination any but shall be considered by the Sec- person, along with such documents as retary upon filing exceptions to the may be requested, at the time and Administrative Law Judge’s rec- place, and on the date, set forth in the ommendations and conclusions. notice, if that party has control over (c) Offer of proof. An offer of proof such person. Each party shall be made in connection with an objection deemed to have control over its offi- taken to any ruling excluding proffered cers, agents, employees, and members. oral testimony shall consist of a state- Due regard shall be given to the con- ment of the substance of the evidence venience of witnesses in scheduling which counsel contends would be ad- their testimony so that they will be de- duced by such testimony; and, if the tained no longer than reasonably nec- excluded evidence consists of evidence essary. in written form or consists of reference (c) The party or prospective witness to documents, a copy of such evidence may file an objection within 5 days shall be marked for identification and after notice of production of such wit- shall accompany the record as the offer ness is served stating with particu- of proof. larity the reasons why the party can- not produce a requested witness. The [43 FR 49259, Oct. 20, 1978; 43 FR 51401, Nov. 3, party serving the notice may move for 1978]

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