15.737-20—Hearings.
(a) In general.
The
Administrative Law Judge shall preside at the
hearing on a complaint for the suspension of a
former officer or employee from practice before
the Department. Hearings shall be stenographically
recorded and transcribed and the testimony of
witnesses shall be taken under oath or
affirmation. Hearings will be conducted pursuant
to 5 U.S.C. 556.
(b) Public access to hearings.
Hearings will be closed unless an open hearing is
requested by the respondent, except that if
classified information or protected information of
third parties (such as tax information) is likely
to be adduced at the hearing, it will remain
closed. A request for an open hearing must be
included in the answer to be considered.
(c) Failure to appear.
If either
party to the proceeding fails to appear at the
hearing, after due notice thereof has been sent to
him/her, he/she shall be deemed to have waived the
right to a hearing and the Administrative Law
Judge may make a decision against the absent party
by default.