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Not later than ten (10) days prior to the hearing, unless otherwise ordered by the Presiding Officer, the parties may simultaneously serve and file prehearing briefs which should set forth:
(a) A statement of the facts expected to be proved and of the anticipated order of proof;
(b) A statement of the issues and the legal arguments in support of the party's contentions with respect to each issue; and
(c) A table of authorities relied upon.
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.
§ 504 - Costs and fees of parties
§ 551 - Definitions
§ 552 - Public information; agency rules, opinions, orders, records, and proceedings
§ 552a - Records maintained on individuals
§ 552b - Open meetings
§ 553 - Rule making
§ 554 - Adjudications
§ 555 - Ancillary matters
§ 556 - Hearings; presiding employees; powers and duties; burden of proof; evidence; record as basis of decision
§ 557 - Initial decisions; conclusiveness; review by agency; submissions by parties; contents of decisions; record
§ 558 - Imposition of sanctions; determination of applications for licenses; suspension, revocation, and expiration of licenses
§ 559 - Effect on other laws; effect of subsequent statute
§ 45 - Unfair methods of competition unlawful; prevention by Commission
§ 1194 - Administration and enforcement
§ 2064 - Substantial product hazards
§ 2069 - Civil penalties
§ 2076 - Additional functions of Consumer Product Safety Commission
Title 16 published on 14-Jun-2017 03:58
The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 16 CFR Part 1025 after this date.
The United States Consumer Product Safety Commission (“Commission,” “CPSC,” or “we”) is issuing this notice of proposed rulemaking (“NPR”) to update the Commission's Rules of Practice for Adjudicative Proceedings, (“Rules of Practice” or “Rules”). We are proposing to modernize the Rules of Practice to reflect changes in civil and administrative litigation since adoption of the Rules in 1980. Specifically, we propose changes to the Rules pertaining to discovery, electronic filing, the use of electronically stored information (“ESI”), and updates to the Federal Rules of Civil Procedure (“Federal Rules”), upon which our Rules are based. We also propose to update requirements for pleadings, motions, and motions for summary decisions, clarifications on the computation of time, and clarification on when amendments or supplemental pleadings require Commission approval. Additionally, we propose allowing a Presiding Officer to exercise discretion to avoid unnecessary delay or wasteful discovery and to consolidate cases in their entirety, or partially, for any purpose that serves the ends of justice. We also propose to set deadlines for the issuance of an Initial or Recommended Decision. Finally, we propose to remove outdated references to the Equal Access to Justice Act. We believe the proposed Rules will increase the efficiency of discovery, minimize the potential for delay in adjudicative proceedings, and ensure that, to the extent possible, Commission adjudicative proceedings address and resolve crucial issues of consumer product safety in a fair and impartial manner. This NPR seeks comments on the proposed changes to the Rules.