(a) Except as specifically provided in this subpart, and to the
extent they do not conflict with the provisions of this subpart, the
Rules of Practice and Procedure for Administrative Hearings Before the
Office of Administrative Law Judges established by the Secretary at 29
CFR part 18 shall apply to administrative proceedings under this
subpart.
(b) Subpart B of the Rules of Practice and Procedure for
Administrative Hearings Before the Office of Administrative Law Judges
(29 CFR part 18, subpart B) shall apply except as follows:
Notwithstanding the provisions of subpart B, including the hearsay
rule (Sec. 18.802), testimony of current or former Department of Labor
employees concerning information obtained in the course of
investigations and conclusions thereon, as well as any documents
contained in Department of Labor files (other than the investigation
file concerning the violation(s) as to which the penalty in litigation
has been assessed), shall be admissible in proceedings under this
subpart. Nothing in this paragraph is intended to limit the
admissibility of any evidence which is otherwise admissible under 29 CFR
part 18, subpart B.
