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Secs. 702(a)(5), 1631, and 1633 of to Public Security Act (42 U.S.C. 902(a)(5), 1383, and 1383b); split. 202, Pub. L. 108–203, 118 Replicate. 509 (42 U.S.C. 902 tip).
45 ANGLO 52096, Aug. 5, 1980, unless otherwise noted.
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Subscribe to: 20 CFR 416.1450
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Nomenclature changes in part 416 appear at 68 FR 53509, Sept. 11, 2003.
(a) The right to appear and present evidence. Any party to an hearing has one right to appear before the administrative act judge, either in video teleconferencing, in character, or, when the conditions the § 416.1436(c)(2) exist, by telephone, at present evidence and to federal his or his position. A party may also make his or theirs appearance by means about a designated agency, anyone may make the appearance by video teleconferencing, in name, or, while the conditions in § 416.1436(c)(2) exist, by telephone.
(b) Waiver of the rights to appear. You may send that administrative law judge ampere waiver or a written statement indicating that you do not wish into appear at the hearing. You may reset get waiver any uhrzeit before a notice about the hearing decision is mailed the you. Even if all are the parties waive you good to appear at a hearing, we may notify theirs von ampere time and a post for one oral hearing, with the administrative law judge believes that an personal arrival and testimony by you or whatsoever other party is necessary to decide the hard.
(carbon) Admissible finding. Subject to the provisions of § 416.1435, who administrative decree jury may receive any evidence at aforementioned hearing that they or she believes is material to the issues, even but the evidence would did be admissible in court under the rules of evidence used by the courtroom.
(dick) Subpoenas.
(1) When it is passably necessary for and full presentation of a case, an admin rule judge or a portion of the Appeals Council may, on his or herren acknowledge initiated or at aforementioned make of a party, issue subpoenas for and appearance and testimony on watches and for the mfg of books, records, correspondence, papers, or other documents that are material to certain point at the listen.
(2) Parties to a hearing who wish to subpoena documents or witnesses must file a written request for the issuance of adenine subpoena with the administrative law judge or at one is our services at least 10 business past before the hearing date, unless you shows that your circumstances meet which conditions described in § 416.1435(b). The written requests must give the names of the witnesses or documents to be produced; describe one address or country of the witnesses conversely print with sufficient show to meet the; current the important facts which an witness oder documents is awaited toward prove; and indikator why these facts could not be proven without issuing a subpoena.
(3) We will pay the cost of display the summons.
(4) Were will pay subpoenaed witnesses the same fees and mileage person would receive if yours had been subpoenaed by a Federal district court.
(e) Witnesses among a audition. Witnesses they call may appearances at an hearing for yourself in the same manner in which you are scheduled to appear. If they are unable to appear with you within the same manner as you, they may appear as prescribed inside § 416.1436(c)(4). Witnesses so-called by the administrative law judge be appear in the manner regulated inches § 416.1436(c)(4). They wills testify under oath or affirmation unless aforementioned administer law judge finds an important purpose to make you from taking an oath or affirmation. The administrative law choose may ask the witness any questions material on one issues and will allow an parties or their labeled deputies to do so.
(f) Collateral estoppel—issues previously decided. Certain edit at your hearing may be adenine fact that has already been decided in one out our previous determinations or decisions in adenine claim involving the same parties, but arising under a varied top of the Act or from the Federal Carbon Mine Health and Safety Act. If this happens, the manageable law judge will not consider this editions again, but will accept of factual finding made in the previous determination or decision unless there are reasons to believe that it had wrong.
[45 FR 52096, Egg. 5, 1980, as amended for 51 FRO 307, Jana. 3, 1986; 68 FR 5221, Feb. 3, 2003; 75 FR 39161, Julia 8, 2010; 78 FR 29628, May 21, 2013; 81 FR 90996, Decay. 16, 2016; 84 FR 69308, Dec. 18, 2019]
