§ 681.12 What kind of hearing is contemplated?
§ 681.13 At the hearing, what rights do the parties have?
§ 681.14 What is the role of the ALJ?
§ 681.15 How are the functions of the ALJ separated from those of the investigating official and the reviewing official?
§ 681.16 Can the reviewing official or ALJ be disqualified?
§ 681.17 What rights are there to review documents?
§ 681.18 What type of discovery is authorized and how is it conducted?
§ 681.19 Are witness lists exchanged before the hearing?
§ 681.20 Can witnesses be subpoenaed?
§ 681.21 Who pays the costs for a subpoena?
§ 681.22 Are protective orders available?
§ 681.23 How are documents filed and served with the ALJ?
§ 681.24 How is time computed?
§ 681.25 Where is the hearing held?
§ 681.26 How will the hearing be conducted and who has the burden of proof?
§ 681.27 How is evidence presented at the hearing?
§ 681.28 How is witness testimony presented?
§ 681.29 Will the hearing proceedings be recorded?
§ 681.30 Are ex parte communications between a party and the ALJ permitted?
§ 681.31 Are there sanctions for misconduct?
§ 681.32 Are post-hearing briefs required?

Terms Used In CFR > Title 45 > Subtitle B > Chapter VI > Part 681 > Hearing Procedures

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Oath: A promise to tell the truth.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Recess: A temporary interruption of the legislative business.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Subpoena: A command to a witness to appear and give testimony.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.