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224

FEDERAL REGISTER,
Friday, January 13, 1939

affirmation, after which he shall state the presiding officer shall, after inquiries his name, address, occupation, and relating to the identification of such whom he represents, and shall give statute, report or document, determine such other information respecting his whether the same shall be produced at appearance as the presiding officer may the hearing and physically be made a request. When necessary, in order to part of the evidence as an exhibit, or prevent undue prolongation of the whether it shall be incorporated into the hearing, the presiding officer may limit evidence by reference. Where relevant Published by the Division o f the Federal the number of times any witness may and material matter offered in evidence Register, The National Archives, pursuant to the authority contained in the Federal testify as to the same matter, or the is embraced in a report or document con Register Act, approved July 26, 1935 49 repetitious examination and cross-ex taining immaterial or irrelevant matter, Stat. L. 500, tinder regulations prescribed amination of witnesses, or the amount such immaterial and irrelevant matter by the Administrative Committee, w ith the of corroborative or cumulative evidence. shall be excluded and shall be segre approval of the President.
The Administrative Committee consists of The presiding officer shall admit only gated insofar as practicable, subject to the Archivist or Acting Archivist, an officer relevant and material evidence.
Affi the direction of the presiding officer.
o f the Department o f Justice designated by davits, if relevant and material, may be S ec . 4. W ritten arguments; proposed the Attorney General, and the Public Printer received, and marked as exhibits, but findings of fact. The presiding officer or Acting Public Printer.
The daily issue of the F ederal R egister the Secretary will consider the lack of may announce at the hearing a reason will be furnished by m ail to subscribers, free opportunity for cross-examination in able period within which interested per o f postage, fo r $1 per m onth or $10 per year;
single copies 10 cents each; payable in ad determining their weight. Opinion evi sons may file, with the Hearing Clerk, vance. Rem it by money order payable to dence may be admitted when the pre written arguments, proposed findings of Superintendent of Documents, Government siding officer is satisfied that the witness fact, or both, based solely on the evi Printing Office, Washington, D. C.
is properly qualified.
dence at the hearing. Such period may, Correspondence concerning the publica I f any person objects to the admission upon application to the presiding offi tion of the F ederal R egister should be ad dressed to the Director, Division of the of any evidence, or to the rejection of cer, be extended by him, for good cause, Federal Register, The National Archives, any evidence, or to the limitation of the for a reasonable time.
Washington, D. C, scope of any examination or cross-exam S ec . 5. Filing the transcript of the ination, he shall state the grounds of evidence. The presiding officer shall, as such objection.
soon as practicable after the close of a S ec . 2. Order of procedure. a The hearing, notify the Hearing Clerk of its CONTENTS Continued presiding officer shall have noted on the close and of the time for filing written Securities and Exchange Commis record his designation as presiding offi arguments, and furnish the Hearing sion:
Page cer and the notice of hearing and the Clerk with such other information as Associated General Utilities Co., proposal set forth therein as filed with may be necessary. As soon as prac hearing postponed________
227 the Archivist of the United States. This ticable after the close of the hearing, shall be done by filing as an exhibit for the presiding officer shall transmit to the record a copy of the F e d e r a l R e g the Hearing Clerk an original and three S ec . 3. Designation and powers of pre i s t e r containing such designation, such copies of the transcript of the testimony siding officer. a Each such hearing notice and such proposal. I f the desig and the original and all copies of ex shall be conducted by a presiding officer, nation does not appear in the F e d e r a l hibits not already on file with the Hear who shall be the Secretary or such officer R e g is t e r , the presiding officer shall file ing Clerk. He shall attach to the orig or employee of the Department as the as an exhibit the order of the Secretary inal transcript of the evidence a cer tificate stating that the transcript is a Secretary may designate for that pur designating him to preside.
b Evidence shall then be received true transcript of the testimony offered pose. Any such designation may be made or revoked by the Secretary at any time. with respect to the subject matter of the or received at the hearing, except in Such hearing shall be conducted so as to hearing in such order as the presiding such particulars as he shall specify, and afford a full, fair, and adequate hearing, officer may prescribe, so as to accord a that the exhibits transmitted are all the exhibits introduced at the hearing, requiring substantial evidence. The pre full, fair, and adequate hearing.
All persons who appear at the hearing with such exceptions as he shall specify.
siding officer shall have power to admit or exclude any evidence presented and to must conform to the standards of ethical A copy of such certificate shall be at limit the scope of any evidence admitted conduct required of practitioners before tached to each o f the three copies of the transcript of evidence In accord or of any examination or cross-examina the courts of the United States.
tion, in accordance with the rules of S ec. 3. Transcript o f the evidence. ance with such certificate, the Hearing evidence applicable in administrative Testimony given at a hearing shall be Clerk shall note upon the original and proceedings.
reported verbatim. All written state each copy of the transcript each cor b The hearing shall be held at the ments, charts, tabulations, or similar rection detailed therein by adding or time and place set forth in the notice of data offered in evidence at the hearing crossing out at the appropriate place hearing, but may at such time and place shall be marked for identification and, any words necessary to make the text be continued from day to day or ad upon satisfactory showing of their conform to the correct meaning.
journed to a later day or to a different authenticity, relevancy, and materiality, S ec . 6. Copies of the transcript of the place without notice other than the an shall be, in the discretion of the presid testimony, etc. Any person desiring a nouncement thereof at the hearing by ing officer, received and marked as copy of the transcript o f the testimony the presiding officer.
exhibits in evidence. Such exhibits shall, or o f any written exhibit, or proposed if possible under the circumstances, be findings o f fact, or written argument, ARTICLE i n PROCEDURE AT HEARING
submitted in quintuplicate and in type shall be entitled to the same upon appli S e c t i o n 1. Submission of evidence at written, printed or mimeographed form. cation to the Hearing Clerk and upon hearing. A ll interested persons shall be In case the required number of copies payment of fees therefor as provided by given reasonable opportunity to offer are not made available, the presiding regulation 1532 of the General Regula evidence with respect to matters speci officer shall exercise his discretion as to tions, United States Department of fied in the notice of hearing. The pre whether said exhibit shall be read in evi Agriculture.
siding officer shall require all interested dence or whether additional copies shall S ec. 7. Issuance of suggested findings persons present at a hearing to note be required to be submitted within a time of fact, conclusions and order; trans their appearances and for whom they to be specified by the presiding officer. m ittal of record Order of procedure.
appear.
Each witness shall, before Where the testimony of a witness refers The presiding officer, within a reasonable proceeding to testify, be sworn or make to a statute, or to a report or document. time after the termination of the period
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