Encl. (1) to COMDTINST 5350.20A
evidence on the issues as stated in the notice for hearing or as determined by the officer
conducting the hearing at the outset of or during the hearing.
(2) Technical rules of evidence do not apply to hearings conducted pursuant to this
part, but rules or principles designed to assure production of the most credible evidence
available and to subject testimony to test by cross-examination shall be applied where
reasonably necessary by the officer conducting the hearing. The hearing officer may
exclude irrelevant, immaterial, or unduly repetitious evidence. All documents and other
evidence offered or taken for the record shall be open to examination by the parties and
opportunity shall be given to refute facts and arguments advanced on either side of the
issues. A transcript shall be made of the oral evidence except to the extent the substance
thereof is stipulated for the record. All decisions shall be based upon the hearing record
and written findings shall be made.
(e) Consolidated or joint hearings. In cases in which the same or related facts are
asserted to constitute noncompliance with this part with respect to two or more Federal
statutes, authorities, or other means by which Federal financial assistance is extended and
to which this part applies, or noncompliance with this part and the regulations of one or
more other Federal departments or agencies issued under title VI of the Act, the Secretary
may, by agreement with such other departments or agencies, where applicable, provide
for the conduct of consolidated or joint hearings, and for the application to such hearings
of rules or procedures not inconsistent with this part. Final decisions in such cases,
insofar as this regulation is concerned, shall be made in accordance with Sec. 21.17.
Sec. 21.17 Decisions and notices.
(a) Procedure on decisions by hearing examiner. If the hearing is held by a hearing
examiner, the hearing examiner shall either make an initial decision, if so authorized, or
certify the entire record including his recommended findings and proposed decision to the
Secretary for a final decision, and a copy of such initial decision or certification shall be
mailed to the applicant or recipient. Where the initial decision is made by the hearing
examiner the applicant or recipient
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may, within 30 days after the mailing of such notice of initial decision, file with the
Secretary his exceptions to the initial decision, with his reasons therefor. In the absence
of exceptions, the Secretary may, on his own motion, within 45 days after the initial
decision, serve on the applicant or recipient a notice that he will review the decision.
Upon the filing of such exceptions or of notice of review, the Secretary shall review the
initial decision and issue his own decision thereon including the reasons therefor. In the
absence of either exceptions or a notice of review the initial decision shall, subject to
paragraph (e) of this section, constitute the final decision of the Secretary.
(b) Decisions on record or review by the Secretary. Whenever a record is certified to
the Secretary for decision or he reviews the decision of a hearing examiner pursuant to
paragraph (a) of this section, or whenever the Secretary conducts the hearing, the
applicant or recipient shall be given reasonable opportunity to file with him briefs or
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