Page:United States Statutes at Large Volume 104 Part 5.djvu/191

 PUBLIC LAW 101-624—NOV. 28, 1990 104 STAT. 3513 "(3) POWERS AND DUTIES OF DIRECTOR. — The director of the National Appeals Division, in carrying out the provisions of this section— "(A) shall have access to all records, reports, audits, reviews, documents, papers, recommendations, or other material available that relate to programs and operations with respect to which an appeal has been taken; "(B) may request such information or assistance as may be necessary for carrying out the duties and responsibilities established under this section from any Federal, State, or local governmental agency or unit thereof; "(C) may require the attendance of witnesses, the production of all information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence necessary to the proper resolution of appeals; "(D) may, if appropriate, require the attendance of witnesses and production of documentary evidence by subpoena, which subpoena, in the case of contumacy or refusal to obey, shall be enforceable by order of any appropriate United States district court; "(E) may administer oaths and affirmations, whenever necessary in the process of hearing appeals; "(F) may enter into contracts and other arrangements for reporting and other services and make such payments as may be necessary to carry out the provisions of this section; "(G) shall issue procedural rules for the conduct of appeals; and "(H) may delegate to hearing officers the authorities provided in subparagraphs (A) through (E) of this paragraph as the Secretary determines appropriate. "(4) HEARINGS.— "(A) IN GENERAL.—The hearing shall be held at a time and place designated by the National Appeals Division. "(B) CONDUCT OF HEARING.—At a minimum, the hearing shall be conducted as follows: "(i) the participant shall be advised of the issues involved; "(ii) the participant shall be given a full opportunity to present facts and information relevant to the matter in issue and may present evidence; and "(iii) the hearing officer may confine the presentation of facts and evidence to pertinent matters and may exclude irrelevant, immaterial, or unduly repetitious evidence, information, or questions. "(C) RECORD. —At the request of the participant, each hearing before a hearing officer in the National Appeals Division shall be recorded verbatim by voice recorder, stenographer, or other method. A transcript of the hearing, together with all documents and evidence submitted shall be made available to the participant, on request, if the decision of the hearing officer is appealed. The record of the hearing shall consist of copies of all documents and other evidence presented to the hearing officer and the transcript of the hearing, if prepared. ,,, "(5) REVIEW OF DECISION. —

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