49 C.F.R. Subpart B—Conduct of Hearing
Title 49 - Transportation
The chairman of the board of inquiry, or his designee, shall have the following powers: (a) To designate parties to the hearing and revoke such designations; (b) To open, continue, or adjourn the hearing; (c) To determine the admissibility of and to receive evidence and to regulate the course of the hearing; (d) To dispose of procedural requests or similar matters; and (e) To take any other action necessary or incident to the orderly conduct of the hearing. [44 FR 34419, June 14, 1979; 44 FR 39181, July 5, 1979] The hearing officer, upon designation by the Chairman of the Board, shall have the following powers: (a) To give notice concerning the time and place of hearing; (b) To administer oaths and affirmations to witnesses; and (c) To issue subpenas requiring the attendance and testimony of witnesses and production of documents. The Director, Bureau of Accident Investigation, or the Director, Bureau of Field Operations, shall designate members of the Board's technical staff to participate in the hearing and initially develop the testimony of witnesses. [49 FR 32853, Aug. 17, 1984] (a) Except as provided in paragraph (d) of this section for expedited hearings, the chairman of the board of inquiry shall hold a prehearing conference with the parties to the hearing at a convenient time and place prior to the hearing. At such prehearing conference, the parties shall be advised of the witnesses to be called at the hearing, the areas in which they will be examined, and the exhibits which will be offered in evidence. (b) Parties shall submit at the prehearing conference copies of any additional documentary exhibits they desire to offer. (Copies of all exhibits proposed for admission by the board of inquiry and the parties shall be furnished to the board of inquiry and to all parties, insofar as available at that time.) (c) A party who, at the time of the prehearing conference, fails to advise the chairman of the board of inquiry of additional exhibits he intends to submit, or additional witnesses he desires to examine, shall be precluded from introducing such evidence unless the chairman of the board of inquiry determines for good cause shown that such evidence should be admitted. (d) Expedited hearings. When time permits, the chairman of the board of inquiry may hold a prehearing conference. In the event that an expedited hearing is held, the requirements in paragraphs (b) and (c) of this section concerning the identification of witnesses, exhibits or other evidence may be waived by the chairman of the board of inquiry. Any person who appears to testify at a public hearing shall be accorded the right to be accompanied, represented, or advised by counsel or by any other duly qualified representative. (a) Witnesses shall be initially examined by the board of inquiry or its technical panel. Following such examination, parties to the hearing shall be given the opportunity to examine such witnesses. (b) Materiality, relevancy, and competency of witness testimony, exhibits, or physical evidence shall not be the subject of objections in the legal sense by a party to the hearing or any other person. Such matters shall be controlled by rulings of the chairman of the board of inquiry on his own motion. If the examination of a witness by a party is interrupted by a ruling of the chairman of the board of inquiry, opportunity shall be given to show materiality, relevancy, or competency of the testimony or evidence sought to be elicited from the witness. The chairman of the board of inquiry shall receive all testimony and evidence which may be of aid in determining the cause of accident. He may exclude any testimony or exhibits which are not pertinent to the investigation or are merely cumulative. Any party may submit proposed findings to be drawn from the testimony and exhibits, a proposed probable cause, and proposed safety recommendations designed to prevent future accidents. The proposals shall be submitted within the time specified by the presiding officer at the close of the hearing, and shall be made a part of the public docket. Parties to the hearing shall serve copies of their proposals on all other parties to the hearing. [48 FR 52740, Nov. 22, 1983] A verbatim report of the hearing shall be taken. Copies of the transcript may be obtained by any interested person from the Board or from the court reporting firm preparing the transcript upon payment of the fees fixed therefor. (See part 801, Appendix—Fee Schedule.) Any witness subpenaed to attend the hearing under this part shall be paid such fees for his travel and attendance as shall be certified by the hearing officer.
Title 49: Transportation
PART 845—RULES OF PRACTICE IN TRANSPORTATION; ACCIDENT/INCIDENT HEARINGS AND REPORTS
Subpart B—Conduct of Hearing
§ 845.20 Powers of chairman of board of inquiry.
§ 845.21 Hearing officer.
§ 845.22 Technical panel.
§ 845.23 Prehearing conference.
§ 845.24 Right of representation.
§ 845.25 Examination of witnesses.
§ 845.26 Evidence.
§ 845.27 Proposed findings.
§ 845.28 Stenographic transcript.
§ 845.29 Payment of witnesses.
