[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR7.6]

[Page 24-25]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
PART 7_BOARD OF APPELLATE REVIEW--Table of Contents
 
Sec. 7.6  Hearings.

    (a) Notice and place of hearing. The parties shall be given at least 
15 days notice in writing of the scheduled date and place of a hearing 
on an appeal. The Board shall have final authority to fix or change any 
hearing date giving consideration to the convenience of the parties. 
Hearings shall be held at the Department of State, Washington, DC, 
unless the Board determines otherwise.
    (b) Conduct of hearing. The appellant may appear and testify on his 
own behalf. The parties may present witnesses, offer evidence and make 
argument. The appellant and witnesses may be examined by any member of 
the Board, by the Department, and by the appellant's attorney, if any. 
If any witness whom the appellant or the Department wishes to call is 
unable to appear personally, the Board in its discretion, may accept an 
affidavit by the witness or grant leave to take the deposition of such 
witness. Any such witness will be subject to cross examination by means 
of sworn responses to interrogatories posed by the opposing party. The 
appellant and the Department shall be entitled to be informed of all 
evidence before the Board and of the source of such evidence, and to 
confront and cross-examine any adverse witness. The Board may require a 
stipulation of facts prior to or at the beginning of the hearing and may 
require supplemental statements on issues presented to it, or 
confirmation, verification or authentication of any evidence submitted 
by the parties. The parties shall be entitled to reasonable continuances 
upon request for good cause shown.
    (c) Privacy of hearing. The hearing shall be private unless an 
appellant requests in writing that the hearing be open to the public. 
Attendance at the hearing shall be limited to the appellant, attorneys 
of the parties, the members of the Board, Department personnel who are 
directly involved in the presentation of the case, official 
stenographers, and the witnesses. Witnesses shall be present at the 
hearing only while they are giving testimony or when otherwise directed 
by the Board.
    (d) Transcript of hearing. A complete verbatim transcript shall be 
made of the hearing by a qualified reporter, and the transcript shall 
constitute a permanent part of the record. Upon request, the appellant 
shall have the right to inspect the complete transcript and to purchase 
a copy thereof.
    (e) Nonappearance of a party. The unexcused absence of a party at 
the time and place set for a hearing shall not be occasion for delay. In 
the event of such absence, the case will be regarded as

[[Page 25]]

having been submitted by the absent party on the record before the 
Board.

[44 FR 68825, Nov. 30, 1979, as amended at 53 FR 39589, Oct. 11, 1988]