§ 12.100 - Administrative record of a hearing.

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The record of a hearing consists of—

The order or regulation or notice of opportunity for hearing that gave rise to the hearing;

All objections and requests for hearing filed by the Division of Dockets Management under §§ 12.20 through 12.22;

The notice of hearing published under § 12.35;

All notices of participation filed under § 12.45;

All Federal Register notices pertinent to the proceeding;

All submissions filed under § 12.82, e.g., the submissions required by § 12.85, all other documentary evidence and written testimony, pleadings, statements of position, briefs, and other similar documents;

The transcript, written order, and all other documents relating to the prehearing conference, prepared under § 12.92;

All documents relating to any motion for summary decision under § 12.93;

All documents of which official notice is taken under § 12.95;

All pleadings filed under § 12.96;

All documents relating to any interlocutory appeal under § 12.97;

All transcripts prepared under § 12.98; and

Any other document relating to the hearing and filed with the Division of Dockets Management by the presiding officer or any participant;

The record of the administrative proceeding is closed—

With respect to the taking of evidence, when specified by the presiding officer; and

With respect to pleadings, at the time specified in § 12.96(a) for the filing of briefs.

The presiding officer may reopen the record to receive further evidence at any time before the filing of the initial decision.