(a)Scope of rule. This rule governs only official notice of adjudicative facts.
(b)Kinds of facts. An officially noticed fact must be one not subject to reasonable dispute in that it is either:
(1) Generally known within the local area,
(2) Capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned, or
(3) Derived from a not reasonably questioned scientific, medical or other technical process, technique, principle, or explanatory theory within the administrative agency's specialized field of knowledge.
(c)When discretionary. A judge may take official notice, whether requested or not.
(d)When mandatory. A judge shall take official notice if requested by a party and supplied with the necessary information.
(e)Opportunity to be heard. A party is entitled, upon timely request, to an opportunity to be heard as to the propriety of taking official notice and the tenor of the matter noticed. In the absence of prior notification, the request may be made after official notice has been taken.
(f)Time of taking notice. Official notice may be taken at any stage of the proceeding.
(g)Effect of official notice. An officially noticed fact is accepted as conclusive.
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.