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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 18.706 - Judge appointed experts.

  • Section Number: 18.706
  • Section Name: Judge appointed experts.

    (a) Appointment. The judge may on the judge's own motion or on the 


motion of any party enter an order to show cause why expert witnesses 


should not be appointed, and may request the parties to submit 


nominations. The judge may appoint any expert witnesses agreed upon by 


the parties, and may appoint expert witnesses of the judge's own 


selection. An expert witness shall not be appointed by the judge unless 


the witness consents to


act. A witness so appointed shall be informed of the witness' duties by 


the judge in writing, a copy of which shall be filed with the clerk, or 


at a conference in which the parties shall have an opportunity to 


participate. A witness so appointed shall advise the parties of the 


witness' findings, if any; the witness' deposition may be taken by any 


party; and the witness may be called to testify by the judge or any 


party. The witness shall be subject to cross-examination by each party, 


including a party calling the witness.


    (b) Compensation. Expert witnesses so appointed are entitled to 


reasonable compensation in whatever sum the judge may allow. The 


compensation thus fixed is payable from funds which may be provided by 


law in hearings involving just compensation under the fifth amendment. 


In other hearings the compensation shall be paid by the parties in such 


proportion and at such time as the judge directs, and thereafter charged 


in like manner as other costs.


    (c) Parties' experts of own selection. Nothing in this rule limits 


the parties in calling expert witnesses of their own selection.
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