Regulations (Standards - 29 CFR) - Table of Contents
• Part Number: 1921
• Part Title: Rules of Practice in Enforcement under Section 41 of Longshoremen's Act
• Subpart: C
• Subpart Title: Hearing and Related Matters
• Standard Number: 1921.12
• Title: Hearing.
• GPO Source: e-CFR


Order of proceeding; burden of proof. Except as may be determined otherwise by the hearing examiner, counsel supporting the complaint shall proceed first at the hearing. The Assistant Solicitor of Labor in charge of trial litigation, supporting the complaint, shall have the burden of proof. The burden of proof shall be satisfied by a preponderance of the evidence.


Evidence -


In general. The testimony of witnesses shall be upon oath or affirmation administered by the hearing examiner and shall be subject to such cross-examination as may be required for a full and true disclosure of the facts. The hearing examiner shall exclude evidence which is immaterial, irrelevant, or unduly repetitious.


Objections. If a party objects to the admission or rejection of any evidence or to the limitation of the scope of any examination or cross-examination or the failure to limit such scope, he shall state briefly the grounds for such objection. Rulings on all objections shall appear in the record. Only objections made before the hearing examiner may be relied upon subsequently in the proceeding.


Exceptions. Formal exception to an adverse ruling is not required.



Official notice. Official notice may be taken of any material fact not appearing in