(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) As provided in the Administrative Procedure Act, 5 U.S.C. 556, any oral
or documentary evidence may be received in proceedings under this part. The
Federal Rules of Evidence and 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 not apply, but principles designed to ensure
production of relevant and probative evidence shall guide the admission of
evidence. The administrative law judge may exclude evidence which is
immaterial, irrelevant, or unduly repetitive.
