Page:United States Statutes at Large Volume 100 Part 3.djvu/134

 100 STAT. 1942 -'

Regulations.
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Ante, p. 1937.

Regulations.

PUBLIC LAW 99-509—OCT. 21, 1986

"(ii) procedures promulgated by the authority head under paragraph (3) of this subsection; or "(B) in the case of an authority to which the provisions of such subchapter do not apply, in accordance with procedures promulgated by the authority head under paragraphs (2) and (3) of this subsection. "(2) An authority head of an authority described in subparagraph (B) of paragraph (1) shall by regulation promulgate procedures for the conduct of hearings under this chapter. Such procedures shall include: "(A) The provision of written notice of the hearing to any person alleged to be liable under section 3802 of this title, including written notice of— "(i) the time, place, and nature of the hearing; "(ii) the legal authority and jurisdiction under which the hearing is to be held; and "(iii) the matters of facts and law to be asserted. "(B) The provision to any person alleged to be liable under section 3802 of this title of opportunities for the submission of facts, arguments, offers of settlement, or proposals of adjustment. "(C) Procedures to ensure that the presiding officer shall not, except to the extent required for the disposition of ex parte matters as authorized by law— "(i) consult a person or party on a fact in issue, unless on notice and opportunity for all parties to the hearing to " participate; or - ' "(ii) be responsible to or subject to the supervision or ''direction of the investigating official or the reviewing •'- " official. "(D) Procedures to ensure that the investigating official and the reviewing official do not participate or advise in the decision required under subsection (h) of this section or the review of the decision by the authority head under subsection (i) of this section, except as provided in subsection (j) of this section. "(E) The provision to any person alleged to be liable under section 3802 of this title of opportunities to present such person's case through oral or documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required for a full and true disclosure of the facts. "(F) Procedures to permit any person alleged to be liable under section 3802 of this title to be accompanied, represented, and advised by counsel or such other qualified representative as - • the authority head may specify in such regulations. "(G) Procedures to ensure that the hearing is conducted in an - impartial manner, including procedures to— ' "(i) permit the presiding officer to at any time disqualify himself; and 'dr*o, "(ii) permit the filing, in good faith, of a timely and sufficient affidavit alleging personal bias or another reason ' ' for disqualification of a presiding officer or a reviewing official. "(3)(A) Each authority head shall promulgate by regulation procedures described in subparagraph (B) of this paragraph for the conduct of hearings under this chapter. Such procedures shall be in addition to the procedures described in paragraph (1) or paragraph (2) of this subsection, as the case may be.

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