(a)Order of proceeding. Except as may be ordered otherwise
by the administrative law judge, the petitioner shall proceed first at a
(b)Burden of proof. The petitioner shall have the burden of
proving his case by a preponderance of the evidence.
(c)Evidence. (1) Admissibility. A party shall be
entitled to present its case or defense by oral or documentary evidence, to
submit rebuttal evidence, and to conduct such cross-examination as may be
required for full and true disclosure of the facts. Any oral or documentary
evidence may be received, but the administrative law judge shall exclude
evidence which is irrelevant, immaterial, or unduly repetitious.
(2)Testimony of witnesses. The testimony of a
witness shall be upon oath or affirmation administered by the administrative
(3)Objections. If a party objects to admission or
rejection of any evidence, limitation of the scope of any examination or
cross-examination, or failure to limit such scope, he shall state briefly the
grounds for such objection. Rulings on such objections shall appear in the
(4)Exceptions. Formal exception to an adverse
ruling is not required.
(d)Official notice. Official notice may be taken of any
material fact not appearing in evidence in the record, which is among the
traditional matters of judicial notice or concerning which the Department of
Labor by reason of its functions is presumed to be expert: Provided, That
the parties shall be given adequate notice at the hearing or by reference in
the presiding administrative law judge's decision of the matters so noticed
and shall be given adequate opportunity to show the contrary.
(e)Transcript. Copies of the transcript of the hearing may
be obtained by the parties upon written application filed with the reporter
and payment of fees at the rate provided in the agreement with the
U.S. Department of Labor | Mine Safety and Health Administration (MSHA) | 1100 Wilson Boulevard, 21st Floor | Arlington, VA 22209-3939 www.msha.gov | Telephone: (202) 693-9400 | Fax-on-demand: (202) 693-9401