15 CFR 904.251 - Evidence.

§ 904.251 Evidence.
(a) In general.
(1) At the hearing, every party has the right to present oral or documentary evidence in support of its case or defense, to submit rebuttal evidence, and to conduct such cross-examination as may be required for a full and true disclosure of the facts. This paragraph may not be interpreted to diminish the powers and duties of the Judge under § 904.204.
(2) All evidence that is relevant, material, reliable, and probative, and not unduly repetitious or cumulative, is admissible at the hearing. Formal rules of evidence do not necessarily apply to the administrative proceedings, and hearsay evidence is not inadmissible as such.
(3) In any case involving a charged violation of law in which the respondent has admitted an allegation, evidence may be taken to establish matters of aggravation or mitigation.
(b) Objections and offers of proof.
(1) A party shall state the grounds for objection to the admission or exclusion of evidence. Rulings on all objections shall appear in the record. Only objections made before the Judge may be raised on appeal.
(2) Whenever evidence is excluded from the record, the party offering such evidence may make an offer of proof, which shall be included in the record.
(c) Testimony.
(1) Testimony may be received into evidence by the following means:
(i) Oral presentation; and
(ii) Subject to the discretion of the Judge, written affidavit, telephone, video or other electronic media.
(2) Regardless of form, all testimony shall be under oath or affirmation requiring the witness to declare that the witness will testify truthfully, and subject to cross examination.
(d) Exhibits and documents.
(1) All exhibits shall be numbered and marked with a designation identifying the sponsor. To prove the content of an exhibit, the original writing, recording or photograph is required except that a duplicate or copy is admissible to the same extent as an original unless a genuine question is raised as to the authenticity of the original or, given the circumstances, it would be unfair to admit the duplicate in lieu of the original. The original is not required, and other evidence of the contents of a writing, recording, or photograph is admissible if the original is lost or destroyed, not obtainable, in the possession of the opponent, or not closely related to a controlling issue. Each exhibit offered in evidence or marked for identification shall be filed and retained in the record of decision, unless the Judge permits the substitution of copies for the original document.
(2) In addition to the requirements set forth in § 904.240(a)(2), parties shall exchange all remaining exhibits that will be offered at hearing prior to the beginning of the hearing, except for good cause or as otherwise directed by the Judge. Exhibits that are not exchanged as required may be denied admission into evidence. This requirement does not apply to demonstrative evidence.
(e) Physical evidence.
(1) Photographs or videos or other electronic media may be substituted for physical evidence at the discretion of the Judge.
(2) Except upon the Judge's order, or upon request by a party, physical evidence will be retained after the hearing by the Agency.
(f) Stipulations. The parties may, by written stipulation at any stage of the administrative proceeding or orally at the hearing, agree upon any matters. Stipulations may be received in evidence before or during the hearing and, when received in evidence, shall be binding on the parties to the stipulation.
(g) Official notice. The Judge may take official notice of such matters as might be judicially noticed by the courts or of other facts within the specialized knowledge of the agency as an expert body. Where a decision or part thereof rests on official notice of a material fact not appearing in the evidence in the record, the fact of official notice shall be so stated in the decision, and any party, upon timely request, shall be afforded an opportunity to show the contrary.
(h) Confidential and sensitive information.
(1) The Judge may limit introduction of evidence or issue protective orders that are required to prevent undue disclosure of classified, confidential, or sensitive matters, which include, but are not limited to, matters of a national security, business, personal, or proprietary nature. Where the Judge determines that information in documents containing classified, confidential, or sensitive matters should be made available to another party, the Judge may direct the offering party to prepare an unclassified or non-sensitive summary or extract of the original. The summary or extract may be admitted as evidence in the record.
(2) If the Judge determines that the procedure described in paragraph (h)(1) of this section is inadequate and that classified or otherwise sensitive matters must form part of the record in order to avoid prejudice to a party, the Judge may advise the parties and provide opportunity for arrangements to permit a party or representative to have access to such matters.
(i) Foreign law.
(1) A party who intends to raise an issue concerning the law of a foreign country must give reasonable notice. The Judge, in determining foreign law, may consider any relevant material or source, whether or not submitted by a party.
(2) Exhibits in a foreign language must be translated into English before such exhibits are offered into evidence. Copies of both the untranslated and translated versions of the proposed exhibits, along with the name and qualifications of the translator, must be served on the opposing party at least 10 days prior to the hearing unless the parties otherwise agree.

Title 15 published on 2014-01-01

no entries appear in the Federal Register after this date.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 15 - COMMERCE AND TRADE
U.S. Code: Title 16 - CONSERVATION

§ 773 - Definitions

§ 773a - International Pacific Halibut Commission

§ 773b - Acceptance or rejection of Commission recommendations

§ 773c - General responsibility

§ 773d - Cooperation of Federal agencies

§ 773e - Prohibited acts

§ 773f - Civil penalties

§ 773g - Crimes and criminal penalties

§ 773h - Forfeitures

§ 773i - Administration and enforcement

§ 773j - Authorization of appropriations

§ 773k - Location of office space and other facilities on or near University of Washington campus in State of Washington

§ 781 - Taking or catching, in waters of Gulf or Straits of Florida, commercial sponges of less than prescribed size, and landing or possession of same

§ 782 - Sponges of less than prescribed size; possession prima facie evidence

§ 783 - Punishment for violations of law; liability of vessels

§ 784 - Jurisdiction of prosecutions

§ 785 - Enforcement of law prohibiting taking of sponges of specified sizes; employment of Coast Guard vessels and Customs Service employees

§ 916 - Definitions

§ 916a - United States Commissioner

§ 916b - Acceptance or rejection by United States Government of regulations, etc.; acceptance of reports, recommendations, etc., of Commission

§ 916c - Unlawful acts

§ 916d - Licenses

§ 916e - Failure to keep returns, records, reports

§ 916f - Violations; fines and penalties

§ 916g - Enforcement

§ 916h - Cooperation between Federal and State and private agencies and organizations in scientific and other programs

§ 916i - Taking of whales for biological experiments

§ 916j - Allocation of responsibility for administration and enforcement

§ 916k - Regulations; submission; publication; effectiveness

16 U.S. Code § -

§ 951 - Definitions

§ 952 - Commissioners; number, appointment, and qualification

§ 953 - General Advisory Committee and Scientific Advisory Subcommittee

§ 954 - Repealed.

§ 955 - Secretary of State to act for United States

§ 956 - Inspection of returns, records, or other reports

§ 957 - Violations; fines and forfeitures; application of related laws

§ 958 - Cooperation with other agencies

§ 959 - Enforcement of chapter

§ 960 - Commissions’ functions not restrained by this chapter or State laws

§ 961 - Authorization of appropriations

§ 971 - Definitions

§ 971a - Commissioners

§ 971b - Advisory committee

16 U.S. Code § 921 to 923 - Omitted

§ 971c - Authority of Secretary of State; cooperative enforcement agreements

§ 971d - Administration

§ 971e - Violations

§ 971f - Enforcement

§ 971g - Cooperation in carrying out Convention

§ 971h - Authorization of appropriations

§ 971i - Research on Atlantic highly migratory species

§ 971j - Annual report

§ 971k - Savings clause

§ 972 - Definitions

§ 972a - United States representation on the Council

§ 972b - Secretary of State to act for United States

§ 972c - Application to other laws

§ 972d - Disposition of fees

§ 972e - Regulations

§ 972f - Prohibited acts

§ 972g - Enforcement

§ 972h - Authorization of appropriations

§ 1151 - Definitions

§ 1152 - Prohibitions

§ 1153 - Sealing permitted by Aleuts, Eskimos, and Indians

§ 1154 - Scientific research on fur seal resources; use of fur seals for educational, scientific, or exhibition purposes

§ 1155 - Authority of Secretary of Commerce

§ 1156 - Enforcement provisions

§ 1157 - North Pacific Fur Seal Commission; appointment of United States Commissioner, Deputy Commissioner, and Advisors; duties, compensation, and travel expenses

§ 1158 - Acceptance or rejection by Secretaries of State and Commerce of Commission recommendations

§ 1159 - Federal agency consultations with and technical assistance to Secretary of Commerce or Commission; reimbursement for assistance

§ 1161 - Administration of fur seal rookeries and other Federal real and personal property on Pribilof Islands

§ 1162 - Authority of Secretary to operate, maintain, and repair Government-owned property; necessary facilities, services, and equipment for Federal employees and dependents

§ 1163 - Responsibility of Alaska to meet educational needs of Pribilof Islands citizens

§ 1164 - Responsibility of Secretary of Health and Human Services to provide medical and dental care to Pribilof Islands natives

§ 1165 - Disposal of Federal property on Pribilof Islands

§ 1166 - Financial assistance

§ 1167 - Leases, permits, agreements, and contracts with public or private agencies or persons

§ 1168 - Civil service retirement benefits

§ 1169 - Regulations

§ 1169a - Annuities and survivor annuities; recomputation

§ 1169b - Use of local entities

§ 1171 - Seizure and forfeiture of vessels

§ 1172 - Practice and procedure

§ 1173 - Regulations

§ 1174 - Penalties

§ 1175 - Authorization of appropriations

§ 1361 - Congressional findings and declaration of policy

§ 1362 - Definitions

§ 1371 - Moratorium on taking and importing marine mammals and marine mammal products

§ 1372 - Prohibitions

§ 1373 - Regulations on taking of marine mammals

§ 1374 - Permits

§ 1375 - Penalties

§ 1375a - Use of fines for protection and recovery of manatees, polar bears, sea otters, and walruses

§ 1376 - Seizure and forfeiture of cargo

§ 1377 - Enforcement

§ 1378 - International program

§ 1379 - Transfer of management authority

§ 1380 - Marine mammal research grants

§ 1381 - Commercial fisheries gear development

§ 1382 - Regulations and administration

§ 1383 - Application to other treaties and conventions

§ 1383a - Interim exemption for commercial fisheries

§ 1383b - Status review; conservation plans

§ 1384 - Authorization of appropriations

§ 1385 - Dolphin protection

§ 1386 - Stock assessments

§ 1387 - Taking of marine mammals incidental to commercial fishing operations

§ 1388 - Marine mammal cooperative agreements in Alaska

§ 1389 - Pacific Coast Task Force; Gulf of Maine

§ 1401 - Establishment

§ 1402 - Duties of Commission

§ 1403 - Committee of Scientific Advisors on Marine Mammals

§ 1404 - Omitted

§ 1405 - Coordination with other Federal agencies

§ 1406 - Administration

§ 1407 - Authorization of appropriations

§ 1531 - Congressional findings and declaration of purposes and policy

§ 1532 - Definitions

§ 1533 - Determination of endangered species and threatened species

§ 1534 - Land acquisition

§ 1535 - Cooperation with States

§ 1536 - Interagency cooperation

§ 1537 - International cooperation

§ 1537a - Convention implementation

§ 1538 - Prohibited acts

§ 1539 - Exceptions

§ 1540 - Penalties and enforcement

§ 1541 - Endangered plants

§ 1542 - Authorization of appropriations

§ 1543 - Construction with Marine Mammal Protection Act of 1972

§ 1801 - Findings, purposes and policy

§ 1802 - Definitions

§ 1803 - Authorization of appropriations

§ 1811 - United States sovereign rights to fish and fishery management authority

§ 1812 - Highly migratory species

§ 1813 - Omitted

§ 1821 - Foreign fishing

§ 1822 - International fishery agreements

§ 1823 - Congressional oversight of international fishery agreements

§ 1824 - Permits for foreign fishing

§ 1825 - Import prohibitions

§ 1826 - Large-scale driftnet fishing

§ 1826a - Denial of port privileges and sanctions for high seas large-scale driftnet fishing

§ 1826b - Duration of denial of port privileges and sanctions

§ 1826c - Definitions

§ 1826d - Prohibition

§ 1826e - Negotiations

§ 1826f - Certification

§ 1826g - Enforcement

§ 1826h - Biennial report on international compliance

§ 1826i - Action to strengthen international fishery management organizations

§ 1826j - Illegal, unreported, or unregulated fishing

§ 1826k - Equivalent conservation measures

§ 1827 - Observer program regarding certain foreign fishing

§ 1827a - Prohibition on sale of billfish

§ 1828 - Foreign fishing incursions

§ 1829 - International monitoring and compliance

§ 1851 - National standards for fishery conservation and management

§ 1851 note - National standards for fishery conservation and management

§ 1852 - Regional Fishery Management Councils

§ 1853 - Contents of fishery management plans

§ 1853a - Limited access privilege programs

§ 1854 - Action by Secretary

§ 1855 - Other requirements and authority

§ 1856 - State jurisdiction

§ 1857 - Prohibited acts

§ 1858 - Civil penalties and permit sanctions

§ 1859 - Criminal offenses

§ 1860 - Civil forfeitures

§ 1861 - Enforcement

§ 1861a - Transition to sustainable fisheries

§ 1861b - Fisheries enforcement plans and reporting

§ 1862 - North Pacific fisheries conservation

§ 1863 - Northwest Atlantic Ocean Fisheries Reinvestment Program

§ 1864 - Regional coastal disaster assistance, transition, and recovery program

§ 1865 - Bycatch reduction engineering program

§ 1866 - Shark feeding

§ 1867 - Cooperative research and management program

§ 1868 - Herring study

§ 1869 - Restoration study

§ 1881 - Registration and information management

§ 1881a - Information collection

§ 1881b - Observers

§ 1881c - Fisheries research

§ 1881d - Incidental harvest research

§ 1882 - Fisheries systems research

§ 2401 - Congressional findings and declaration of purpose

§ 2402 - Definitions

§ 2403 - Prohibited acts

§ 2403a - Environmental impact assessment

§ 2404 - Permits

§ 2405 - Regulations

§ 2406 - Notification of travel to Antarctica

§ 2407 - Civil penalties

§ 2408 - Criminal offenses

§ 2409 - Enforcement

§ 2410 - Jurisdiction of district courts

§ 2411 - Federal agency cooperation

§ 2412 - Relationship to existing treaties

§ 2413 - Saving provisions

§ 2431 - Findings and purpose

§ 2432 - Definitions

§ 2433 - Representatives

§ 2434 - Conservation measures; system of observation and inspection

§ 2435 - Unlawful activities

§ 2436 - Regulations

§ 2437 - Civil penalties

§ 2438 - Criminal offenses

§ 2439 - Enforcement

§ 2440 - Jurisdiction of courts

§ 2441 - Federal agency cooperation

§ 2442 - Relationship to existing treaties and statutes

§ 2443 - Authorization of appropriations

§ 2444 - Severability

§ 2465 - Enforcement

§ 3371 - Definitions

§ 3372 - Prohibited acts

§ 3373 - Penalties and sanctions

§ 3374 - Forfeiture

§ 3375 - Enforcement

§ 3376 - Administration

§ 3377 - Exceptions

§ 3378 - Miscellaneous provisions

§ 3601 - Definitions

§ 3602 - United States representation on Council and Commissions

§ 3603 - Receipt of Organization communications by Secretary of State

§ 3604 - Regulations and reports

§ 3605 - Cooperation with other agencies and institutions

§ 3606 - Violations and penalties

§ 3607 - Enforcement

§ 3608 - Authorization of appropriations

§ 3631 - Definitions

§ 3632 - United States Section

§ 3633 - Authority and responsibility

§ 3634 - Interagency cooperation

§ 3635 - Preemption

§ 3636 - Rulemaking

§ 3637 - Prohibited acts and penalties

§ 3638 - General standard

§ 3639 - Advisory committee

§ 3640 - Administrative matters

§ 3641 - Authorization of appropriations

§ 3642 - Disposition of property of International Pacific Salmon Fisheries Commission

§ 3643 - Savings provision

§ 3644 - Restriction on spending authority

§ 4001 - Congressional findings

§ 4002 - Congressional statement of purpose

§ 4003 - Definitions

§ 4004 - Establishment of National Council

§ 4005 - Functions and duties of National Council

§ 4006 - Duties of Secretary with regard to National Council

§ 4007 - Voluntary payments

§ 4008 - Establishment of Fisheries Promotional Fund

§ 4009 - Establishment of seafood marketing councils

§ 4010 - Functions and powers of councils

§ 4011 - Functions and powers of Secretary

§ 4012 - Assessments

§ 4013 - Petitions

§ 4014 - Refunds

§ 4015 - Termination of a council

§ 4016 - Enforcement

§ 4017 - Investigations

§ 5001 - Purpose

§ 5002 - Definitions

§ 5003 - United States Commissioners

§ 5004 - Advisory Panel

§ 5005 - Commission recommendations

§ 5006 - Administration and enforcement of Convention

§ 5007 - Cooperation with other agencies

§ 5008 - Enforcement provisions

§ 5009 - Unlawful activities

§ 5010 - Penalties

§ 5011 - Funding requirements

§ 5012 - Disposition of property

§ 5103 - State-Federal cooperation in Atlantic coastal fishery management

§ 5601 - Representation of United States under Convention

§ 5602 - Requests for scientific advice

§ 5603 - Authorities of Secretary of State with respect to Convention

§ 5604 - Interagency cooperation

§ 5605 - Rulemaking

§ 5606 - Prohibited acts and penalties

§ 5607 - Consultative committee

§ 5608 - Administrative matters

§ 5609 - Definitions

§ 5610 - Authorization of appropriations

§ 5611 - Annual report

§ 5612 - Quota allocation practice

U.S. Code: Title 22 - FOREIGN RELATIONS AND INTERCOURSE
U.S. Code: Title 30 - MINERAL LANDS AND MINING
U.S. Code: Title 42 - THE PUBLIC HEALTH AND WELFARE
Public Laws