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CFR  

Code of Federal Regulations Pertaining to U.S. Department of Labor

Title 29  

Labor

 

Chapter I  

Office of the Secretary of Labor

 

 

Part 18  

Rules of Practice and Procedure for Administrative Hearings Before the Office of Administrative Law Judges

 

 

 

Subpart B  

Rules of Evidence


29 CFR 18.201 - Official notice of adjudicative facts.

  • Section Number: 18.201
  • Section Name: Official notice of adjudicative facts.

    (a) Scope of rule. This rule governs only official notice of 


adjudicative facts.


    (b) Kinds of facts. An officially noticed fact must be one not 


subject to reasonable dispute in that it is either:


    (1) Generally known within the local area,


    (2) Capable of accurate and ready determination by resort to sources 


whose accuracy cannot reasonably be questioned, or


    (3) Derived from a not reasonably questioned scientific, medical or 


other technical process, technique, principle, or explanatory theory 


within the administrative agency's specialized field of knowledge.


    (c) When discretionary. A judge may take official notice, whether 


requested or not.


    (d) When mandatory. A judge shall take official notice if requested 


by a party and supplied with the necessary information.


    (e) Opportunity to be heard. A party is entitled, upon timely 


request, to an opportunity to be heard as to the propriety of taking 


official notice and the tenor of the matter noticed. In the absence of 


prior notification, the request may be made after official notice has 


been taken.


    (f) Time of taking notice. Official notice may be taken at any stage 


of the proceeding.


    (g) Effect of official notice. An officially noticed fact is 


accepted as conclusive.
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