Current through October 31, 2024
Section 12.100 - Administrative record of a hearing(a) The record of a hearing consists of-(1) The order or regulation or notice of opportunity for hearing that gave rise to the hearing;(2) All objections and requests for hearing filed by the Dockets Management Staff under §§ 12.20 through 12.22 ;(3) The notice of hearing published under § 12.35 ;(4) All notices of participation filed under § 12.45 ;(5) All FEDERAL REGISTER notices pertinent to the proceeding;(6) 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;(7) The transcript, written order, and all other documents relating to the prehearing conference, prepared under § 12.92 ;(8) All documents relating to any motion for summary decision under § 12.93 ;(9) All documents of which official notice is taken under § 12.95 ;(10) All pleadings filed under § 12.96 ;(11) All documents relating to any interlocutory appeal under § 12.97 ;(12) All transcripts prepared under § 12.98 ; and(13) Any other document relating to the hearing and filed with the Dockets Management Staff by the presiding officer or any participant;(b) The record of the administrative proceeding is closed-(1) With respect to the taking of evidence, when specified by the presiding officer; and(2) With respect to pleadings, at the time specified in § 12.96(a) for the filing of briefs.(c) The presiding officer may reopen the record to receive further evidence at any time before the filing of the initial decision.