• United States Code
• TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
• PART I - THE AGENCIES GENERALLY
• CHAPTER 5 - ADMINISTRATIVE PROCEDURE
• SUBCHAPTER II - ADMINISTRATIVE PROCEDURE

      (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.