(a) When there is a hearing, the record ordinarily will close at the conclusion of the hearing. When the judgeallows the parties to submit argument, briefs, or documents previously identified for introduction into evidence, however, the record will remain open for as much time as the judge grants for that purpose.
(b) If the appellant waives the right to a hearing, the record will close on the date the judge sets as the final date for the receipt or filing of submissions of the parties.
(c) Once the record closes, additional evidence or argument will ordinarily not be accepted unless:
(1) The party submitting it shows that the evidence or argument was not readily available before the record closed; or
(2) It is in rebuttal to new evidence or argument submitted by the other party just before the record closed.
(d) The judge will include in the record any supplemental citations received from the parties or approved corrections of the transcript, if one has been prepared.
[54 FR 53504, Dec. 29, 1989, as amended at 77 FR 62366, Oct. 12, 2012]
Beta! The text on the eCFR tab represents the unofficial eCFR text at ecfr.gov.
§ 1201.58 Order of hearing.
(a) In cases in which the agency has taken an action against an employee, the agency will present its case first.
(b) The appellant will proceed first at hearings convened on the issues of:
(2) Timeliness; or
(3) Office of Personnel Management disallowance of retirement benefits, when the appellant applied for those benefits.
(c) The judge may vary the normal order of presenting evidence.