(a) Upon receipt of a timely request for a hearing filed pursuant to
and in accordance with Sec. 655.630 of this part, the Chief
Administrative Law Judge shall promptly appoint an administrative law
judge to hear the case.
(b) Within seven calendar days following the assignment of the case,
the administrative law judge shall notify all interested parties of the
date, time and place of the hearing. All parties shall be given at least
fourteen calendar days' notice of such hearing.
(c) The date of the hearing shall be not more than 60 calendar days
from the date of the Administrator's determination. Because of the time
constraints imposed by the Act, no requests for postponement shall be
granted except for compelling reasons. Even if such reasons are shown,
no extension of the hearing date beyond 60 days from the date of the
Administrator's determination shall be granted except by consent of all
the parties to the proceeding.
(d) The administrative law judge may prescribe a schedule by which
the parties are permitted to file a prehearing brief or other written
statement of fact or law. Any such brief or statement shall be served
upon each other party in accordance with Sec. 655.640 of this part.
Posthearing briefs will not be permitted except at the request of the
administrative law judge. When permitted, any such brief shall be
limited to the issue or issues specified by the administrative law
judge, shall be due within the time prescribed by the administrative law
judge, and shall be served on each other party in accordance with
Sec. 655.640 of this part.
(e) In reaching a decision, the administrative law judge shall, in
accordance with the Act, impose the following burden of proof--
(1) The attesting employer shall have the burden of producing facts
and evidence to establish the matters required by the attestation at
issue;
(2) The burden of proof as to the applicability of the automated
vessel exception shall be on the party to the hearing who is asserting
that the employer is not eligible for the exception.
(f) The administrative law judge proceeding shall not be an appeal
or review of the Administrator's ruling on a request for a cease and
desist order pursuant to Sec. 655.615.
