18 CFR 1307.11 - Hearings.

§ 1307.11 Hearings.
(a) Opportunity for hearing. Whenever an opportunity for a hearing is required by § 1307.10, reasonable notice shall be given by registered or certified mail, return receipt requested, to the affected recipient. This notice shall advise the recipient of the action proposed to be taken, the specific provision under which the proposed action against it is to be taken, and the matters of fact or law asserted as the basis for this action, and shall either (1) fix a date not less than twenty (20) days after the date of such notice within which the recipient may request of TVA that the matter be scheduled for hearing or (2) advise the recipient that the matter in question has been set down for hearing at a stated time and place. The time and place so fixed shall be reasonable and shall be subject to change for cause. The complainant, if any, shall be advised of the time and place of the hearing. A recipient may waive a hearing and submit written information and argument for the record. The failure of a recipient to request a hearing under this subsection or to appear at a hearing for which a date has been set shall be deemed to be a waiver of the right to a hearing and a consent to the making of a decision on the basis of such information as is available.
(b) Time and place of hearing. Hearings shall be held at the time and place fixed by TVA unless it determines that the convenience of the recipient requires that another place be selected. Hearings shall be held before the TVA Board or before a “hearing officer” who shall be either a member of the TVA Board or, at the discretion of the Board, a person designated by the Board who shall not be employed in or under the TVA division through or under which the financial assistance has been extended by TVA to the recipient involved in the hearing.
(c) Right to counsel. In all proceedings under this section, the recipient and TVA shall have the right to be represented by counsel.
(d) Procedures, evidence, and record.
(1) The hearing, decision, and any administrative review thereof shall be conducted in accordance with such rules of procedure as are proper (and not inconsistent with this section) relating to the conduct of the hearing, giving of notices subsequent to those provided for in paragraph (a) of this section, taking of testimony, exhibits, arguments and briefs, requests for findings, and other related matters. Both TVA and the recipient shall be entitled to introduce all relevant evidence on the issues as stated in the notice for hearing or as determined by the officer conducting the hearing at the outset of or during the hearing.
(2) Technical rules of evidence will not apply to hearings conducted pursuant to this part, but rules or principles designed to assure production of the most credible evidence available and to subject testimony to test by cross-examination shall be applied where reasonably necessary by the officer conducting the hearing. That officer may exclude irrelevant, immaterial, or unduly repetitious evidence. All documents and other evidence offered or taken for the record shall be open to examination by the parties and opportunity shall be given to refute facts and arguments advanced on either side of the issues. A transcript shall be made of the oral evidence except to the extent the substance thereof is stipulated for the record. All decisions shall be based upon the hearing record and written findings shall be made.
(e) Consolidated or joint hearings. In cases in which the same or related facts are asserted to constitute noncompliance with this part with respect to two or more Federal statutes, authorities, or other means by which Federal financial assistance is extended and to which this part applies, or noncompliance with this part and the regulations of one or more other Federal agencies issued under section 504, the TVA Board may, by agreement with such other agency, provide for the conduct of consolidated or joint hearings, and for the application to such hearings of rules of procedure not inconsistent with this part. Final decisions in such cases, insofar as this part is concerned, shall be made in accordance with § 1307.12.
[45 FR 22895, Apr. 4, 1980, as amended at 68 FR 51356, Aug. 26, 2003]

Title 18 published on 2013-04-01

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 16 - CONSERVATION

§ 831 - Creation; short title

§ 831a - Membership, operation, and duties of the Board of Directors

§ 831b - Officers and employees; wages of laborers and mechanics; application of employees’ compensation provisions

16 U.S. Code § 831b–1 - Acceptance of services of volunteers

§ 831c - Corporate powers generally; eminent domain; construction of dams, transmission lines, etc.

16 U.S. Code § 831c–1 - Bridges endangered or damaged by dams, etc.; compensation of and contracts with owner for protection, replacement, etc.

16 U.S. Code § 831c–2 - Civil actions for injury or loss of property or personal injury or death

16 U.S. Code § 831c–3 - Law enforcement

§ 831d - Directors; maintenance and operation of plant for production, sale, and distribution of fertilizer and power

§ 831e - Officers and employees; nonpolitical appointment; removal for violation

§ 831f - Control of plants and property vested in Corporation; transfer of other property to Corporation

§ 831g - Principal office of Corporation; books; directors’ oath

§ 831h - Annual financial statement; purchases and contracts; audit by Comptroller General

16 U.S. Code § 831h–1 - Operation of dams primarily for promotion of navigation and controlling floods; generation and sale of electricity

16 U.S. Code § 831h–2 - Repealed.

§ 831i - Sale of surplus power; preferences; experimental work; acquisition of existing electric facilities

§ 831j - Equitable distribution of surplus power among States and municipalities; improvement in production of fertilizer

§ 831k - Transmission lines; construction or lease; sale of power over other than Government lines; rates when sold for resale at profit

16 U.S. Code § 831k–1 - Extension of credit to States, municipalities and nonprofit organizations to assist in operation of existing facilities

16 U.S. Code § -

§ 831m - Allocation and charge of value and cost of plants to particular objects; cost accounting; reports of costs of operation; sale of surplus power at profit

16 U.S. Code § 831m–1 - Tennessee Valley Authority least-cost planning program

§ 831n - Bonds for future construction; amount, terms, and conditions

16 U.S. Code § 831n–1 - Bonds to carry out provisions of

16 U.S. Code § 831n–2 - Bonds; limitation of issuance under

16 U.S. Code § 831n–3 - Use of funds; limitation of issuance

16 U.S. Code § 831n–4 - Bonds for financing power program

16 U.S. Code § -

§ 831p - Repealed.

§ 831q - Eminent domain; contracts for relocation of railroads, highways, industrial plants, etc.

§ 831r - Patents; access to Patent and Trademark Office and right to copy patents; compensation to patentees

§ 831s - Possession by Government in time of war; damages to contract holders

§ 831t - Offenses; fines and punishment

§ 831u - Surveys; cooperation with States or other agencies

§ 831v - Legislation to carry out purposes of chapter; recommendation by President

§ 831w - Acquisition of real or personal property; payment by delivery of power; sale or lease of vacant land for industrial purposes

§ 831x - Condemnation proceedings; institution by Corporation; venue

§ 831y - Net proceeds over expense payable into Treasury

16 U.S. Code § 831y–1 - Approval of plans by Board as condition precedent to construction and operation; restraining action without approval; other laws unaffected

§ 831z - Authorization of appropriations

§ 831aa - Laws repealed

§ 831bb - Reservation of right to amend or repeal

§ 831cc - Separability

§ 831dd - Liberal construction of chapter; sale of surplus lands

U.S. Code: Title 29 - LABOR