for beginning any hearing, continue or adjourn a hearing from time to time and change the location of the hearing. Extensions of time for making any filing or performing any act required or allowed to be done within a specified time in the course of a proceeding may be granted by the presiding officer for good cause shown.

(f) Call for further evidence, oral arguments, briefs, reopening of hearing. The presiding officer may call for the production of further evidence upon any issue, may permit oral argument and submission of briefs at the hearing and, upon appropriate notice, may reopen any hearing at any time prior to the filing of his recommended decision with the Secretary. The Board shall render its decision within 90 days after the Secretary has notified the parties, pursuant to § 509.15, that the case has been submitted to the Board for final decision, unless within such 90-day period the Board shall order that such notice be set aside and the case reopened for further proceedings.

[32 FR 6764, May 3, 1967; 32 FR 8889, June 22, 1967, as amended at 44 FR 62479, Oct. 31, 1979]

8 509.7 Subpenas.

(a) Issuance. The presiding officer or, in the event he is unavailable, the Board, shall issue subpenas, as authorized by law, at the request of any party, requiring the attendance of witnesses or the production of documentary evidence at any designated place of hearing; except that where it appears to the presiding officer or the Board that the subpena may be unreasonable, oppressive, excessive in scope, or unduly burdensome, the party seeking the subpena may be required, as a condition precedent to the issuance of the subpena, to show the general relevance and reasonable scope of the testimony or other evidence sought. In the event the presiding officer or the Board, after consideration of all the circumstances, determines that the subpena or any of its terms are unreasonable, oppressive, excessive in scope, or unduly burdensome, he or it may refuse to issue the subpena, or issue it only upon such conditions as fairness requires.

(b) Motion to quash. Any person to whom a subpena is directed may, prior to the time specified therein for compliance but in no event more than 5 days after the date of service of such subpena, with notice to the party requesting the subpena, apply to the presiding officer, or, if he is unavailable, to the Board, to revoke, quash, or modify such subpena, accompanying such application with a statement of the reasons therefor.

(c) Service of subpena. Service of a subpena upon a person named therein shall be made by delivering a copy of the subpena to such person and by tendering the fees for one day's attendance and the mileage as specified in paragraph (d) of this section, except that when a subpena is issued at the instance of the Board fees and mileage need not be tendered at the time of service of the subpena. If service is made by a U.S. marshal, or his deputy, or an employee of the Board, such service shall be evidenced by his return thereon. If made by any other person, such person shall make affidavit thereto, describing the manner in which service is made, and return such affidavit on or with the original subpena. In case of failure to make service, reasons for the failure shall be stated on the original subpena. The original subpena, bearing or accompanied by the required return, affidavit, or statement, shall be returned without delay to the presiding officer.

(d) Attendance of witnesses. The attendance of witnesses and the production of documents pursuant to a subpena, issued in connection with a hearing provided for in Parts 550, 565, 566 or § 583.26 of this chapter, may be required from any place in any State or in any territory at any designated place where the hearing is being conducted. Witnesses subpenaed in any proceeding under this part shall be paid the same fees and mileage that are paid witnesses in the district courts of the United States.

(12 U.S.C. 1730a)

[32 FR 6764, May 3, 1967; 32 FR 8889, June 22, 1967, as amended at 34 FR 319, Jan. 9, 1969; 34 FR 1113, Jan. 24, 1969]

§ 509.8 Depositions.

(a) Upon order of the presiding officer. In connection with any hearing provided for in Part 509a or 565, or § 583.26 of this chapter, the presiding officer, by subpena or subpena duces tecum, may order evidence to be taken by oral deposition at any state of any proceeding. Such deposition may be taken before the presiding officer or before any person designated by the presiding officer. Unless notice is waived, no such deposition shall be taken except after at least 5 days notice to each of the parties to the proceeding.

(b) Application and order to take oral deposition. Any party desiring to take the oral deposition of a witness, in connection with any hearing provided for in Part 509a or 565, or in § 583.26 of this chapter, shall make application in writing to the presiding officer, setting forth the reasons. A copy of such application shall be served upon every other party to the proceeding by the party making such application. Upon a showing that: (1) The proposed witness will be unable to attend or may be prevented from attending the hearing because of age, sickness or infirmity, or will otherwise be unavailable at the hearing, (2) his testimony will be relevant, and (3) the taking of the deposition will not result in any undue burden to any other party or in undue delay of the proceeding, the presiding officer or the Board may, in his or its discretion, by subpena or subpena duces tecum order the oral deposition to be taken. Such subpena will name the witness whose deposition is to be taken and specify the time when, the place where and the person (hereinafter in this section referred to as "the officer") before whom the witness is to testify but such time and place, and the officer, may or may not be the same as those named in the application. Notice of the issuance of such subpena shall be served upon each of the parties a reasonable time, and in no event less than 5 days, in advance of the time fixed for the taking of the deposition.

(c) Procedure on deposition; objections. Each witness testifying upon oral deposition shall be duly sworn, and the adverse party shall have the

right to cross-examine. Objections to questions or evidence shall be in short form, stating the grounds of objection relied upon; but the officer shall not have power to rule upon questions of competency or materiality or relevance of evidence. Failure to object to questions or evidence shall not be deemed a waiver except where the ground of the objection is one which might have been obviated or removed if presented at that time. The questions propounded and the answers thereto, together with all objections made (but not including argument or debate), shall be recorded by the officer, or under his direction. The deposition shall be subscribed by the witness, unless the parties by stipulation waive the signing or the witness is ill or cannot be found or refuses to sign, and certified as a true and complete transcript thereof by the officer. If the deposition is not subscribed to by the witness, the officer shall state on the record this fact and the reason therefor. The officer shall promptly send the original and two copies of such deposition, together with the original and two copies of all exhibits, by registered mail to the Secretary unless otherwise directed in the notice of the issuance of the subpena authorizing the taking of the deposition. Interested parties shall make their own arrangements with the officer for copies of the testimony and the exhibits.

(d) Introduction as evidence. Subject to appropriate rulings on such objections to questions or evidence as were noted at the time the deposition was taken or as would be valid were the witness personally present and testifying (except objections waived under the third sentence of paragraph (c) of this section), the deposition of any part thereof may be read in evidence by any party to the proceeding. Only such part or the whole of a deposition as is received in evidence at a hearing shall constitute a part of the record in such proceeding upon which a decision may be based.

(e) Payment of fees. The fees of the officer, and the fees of the reporter, shall be paid by the person upon whose application the deposition was taken.

(12 U.S.C. 1730a)

[32 FR 6764, May 3, 1967; 32 FR 8889, June 22, 1967, as amended at 34 FR 319, Jan. 9, 1969; 34 FR 1113, Jan. 24, 1969; 44 FR 62479, Oct. 31, 1979]

§ 509.9 Rules of evidence.

(a) Evidence. Every party shall have the right to present his case or defense by oral and documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required for a full and true disclosure of the facts. Irrelevant, immaterial or unduly repetitious evidence shall be excluded.

(b) Objections. Objections to the admission or exclusion of evidence shall be in short form, stating the grounds of objection relied upon but no argument thereon shall be permitted, except as ordered, allowed, or requested by the presiding officer. Rulings on such objections and all other matters shall be part of the transcript. Failure timely to object to the admission or exclusion of evidence or to any ruling shall be considered a waiver of such objection.

(c) Official notice. All matters officially noticed by the presiding officer shall appear on the record.

(a) In writing. An application or request for an order or ruling not otherwise specifically provided for in this part shall be made by motion. After a presiding officer has been designated to preside at a hearing and before the filing with the Secretary of his recommended decision, pursuant to § 509.11, such applications or requests shall be addressed to and filed with him. At all other times motions shall be addressed to the Board and filed with the Secretary. Motions shall be in writing, except that a motion made at a session of a hearing may be made orally upon the record unless the presiding officer directs that it be reduced to writing. All written motions shall state with particularity the order or relief sought and the grounds therefor.

(b) Objections. Within 5 days after service of any written motion, or within such other period of time as may be fixed by the presiding officer or the Board, any party may file a

written answer or objection to such motion. The moving party shall have no right to reply, except as permitted by the presiding officer or the Board. As a matter of discretion, the presiding officer or the Board may waive the requirements of this section as to motions for extensions of time, and may rule upon such motions ex parte.

(c) Oral argument. No oral argument will be heard on motions except as otherwise directed by the presiding officer or the Board. Written memoranda or briefs may be filed with motions or answers or objections thereto, stating the points and authorities relied upon in support of the position taken.

(d) Rulings on motions. Except as otherwise provided in this part, the presiding officer shall rule upon all motions properly addressed to him and upon such other motions as the Board may direct, except that if the presiding officer finds that a prompt decision by the Board on a motion is essential to the proper conduct of the proceeding, he may refer such motion to the Board for decision. The Board shall rule upon all motions properly submitted to it for decision.

(e) Appeal from rulings on motions. All motions and answers or objections thereto and rulings thereon shall become part of the record. Rulings of a presiding officer on any motion may not be appealed to the Board prior to its consideration of the presiding officer's recommended decision, except by special permission of the Board; but they shall be considered by the Board in reviewing the record. Requests to the Board for special permission to appeal from such rulings of the presiding officer shall be filed promptly, in writing, and shall briefly state the grounds relied on. The moving party shall immediately serve a copy thereof on every other party to the proceeding.

(f) Continuation of hearing. Unless otherwise ordered by the presiding officer or the Board, the hearing shall continue pending the determination of any motion by the Board.

§ 509.11 Proposed findings and conclusions and recommended decision. (a) Proposed findings and conclusions by parties. Each party shall have a period of 15 days after the close of the hearing or such further time as the presiding officer for good cause shall allow to file with the presiding officer proposed findings and conclusions, which may be accompanied by a brief in support thereof. Such proposals shall be supported by citation of such statutes, decisions, and other authorities, and by page references to such portions of the record, as may be relevant. All such proposals and briefs shall become a part of the record. (b) Recommended decision and filing of record. The presiding officer shall, within 30 days after the expiration of the time allowed under paragraph (a) of this section, or within such further time as the Board for good cause shall allow, file with the Secretary and certify to the Board for decision the entire record of the hearing, which shall include his recommended decision in accordance with section 557 of Title 5 of the U.S. Code, the transcript, and the exhibits (including on request of any of the parties any exhibits excluded from evidence or tenders of proof), exceptions, rulings, and all briefs and memoranda filed in connection with the hearing. Promptly upon such filing the Secretary shall serve upon each party to the proceeding a copy of the presiding officer's recommended decision. The provisions of this paragraph and § 509.12 shall not apply, however, in any case where the hearing was held before the Board.

[32 FR 6764, May 3, 1967; 32 FR 8889, June 22, 1967, as amended at 44 FR 62479, Oct. 31, 1979]

§ 509.12 Exceptions.

(a) Filing. Within 15 days after service of the recommended decision of the presiding officer, or such further time as the Board for good cause shall allow, any party (other than a party who has not filed an answer in accordance with § 509.5 (a) and (d), unless no answer was required of such party by the Board) may file with the Secretary exceptions thereto or to any portion thereof, or to the failure of the

presiding officer to make any recommendation, finding, or conclusion, or to the admission or exclusion of evidence, or to any other ruling of the presiding officer, supported by such brief as may appear advisable.

(b) Waiver. Failure of a party to file exceptions to the recommended decision of the presiding officer or any portion thereof, or to his failure to adopt a proposed finding or conclusion, or to the admission or exclusion of evidence, or to any other ruling of the presiding officer, within the time allowed under paragraph (a) of this section, shall be deemed to be a waiver of objection thereto.

§ 509.13 Briefs.

(a) Contents. All briefs shall be confined to the particular matters in issue. Each exception or proposed finding or conclusion which is briefed shall be supported by a concise argument and by citation of such statutes, decisions, and other authorities, and by page references to such portions of the record, as may be relevant. If the exception relates to the admission or exclusion of evidence, the substance of the evidence admitted or excluded shall be set forth in the brief with appropriate references to the transcript.

(b) Reply briefs. Reply briefs may be filed with the Secretary within 10 days after service of original briefs of opposing parties, and shall be confined to matters in such briefs. Further briefs may be filed only with permission of the Board.

(c) Delayed filing. Briefs not filed on or before the time fixed in this part will be received only upon special permission of the Board.

§ 509.14 Oral argument before the Board.

Upon its own initiative, or upon the written request of any party made within the time allowed for the filing of exceptions, a brief in support thereof, or a reply brief, if any, for oral argument on the recommended decision of the presiding officer, the Board may, if it considers that justice would best be served, order the matter to be set down for oral argument before the Board or one or more members thereof. Oral argument before the Board

(a) By the Board. All documents or papers required to be served by the Board upon any party afforded a hearing shall be served by the Secretary unless some other person shall be designated for such purpose by the Board. Such service, except for service on counsel for the Board, shall be made by personal service or by registered mail, addressed to the last known address as shown on the records of the Board, on the attorney or representative of record of such party, provided that if there is no attorney or representative of record, such service shall be made upon such party at the last known address as shown on the records of the Board. Such service may also be made in such other manner reasonably calculated to

give actual notice as the Board may by regulation or otherwise provide.

(b) By the parties. Except as otherwise expressly provided in this part, all documents or papers filed in a proceeding under this part shall be served by the party filing the same upon the attorneys or representatives of record of all other parties to the proceeding, or, if any party is not so represented, then upon such party. Such service may be made by personal service or by registered, certified, or regular firstclass mail addressed to last known address of such parties, or their attorneys or representatives of record. All such documents or papers shall, when tendered to the Board or the presiding officer for filing, show that such service has been made.

§ 509.19 Copies.

Unless otherwise specifically provided in the notice of hearing, an original and seven copies of all documents and papers required or permitted to be filed with or served upon the Secretary under this part, except the transcript of testimony and exhibits, shall be furnished to the Secretary.

§ 509.20 Computing time.

(a) General rule. In computing any period of time prescribed or allowed by this part, the date of the act, event or default from which the designated period of time begins to run is not to be included. The last day so computed shall be included, unless it is a Saturday, Sunday or legal holiday in the District of Columbia, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday, nor such legal holiday. When the period of time prescribed or allowed is 10 days or less, intermediate Saturdays, Sundays, and such legal holidays shall be excluded in the computation.

(b) Service by mail. Whenever any party has the right or is required to do some act or take some proceeding, within a period of time prescribed in this part, after the service upon him of any document or other paper of any kind, and such service is made by mail, three days shall be added to the prescribed period from the date when the