221.54—What are the requirements for exhibits, official notice, and stipulations?
(a) General.
(1)
Except as provided in paragraphs (b) through (e) of this section, any material offered in evidence, other than oral testimony, must be offered in the form of an exhibit.
(i)
The original of the exhibit to the reporter, unless the ALJ permits the substitution of a copy; and
(b) Material not offered.
If a document offered as an exhibit contains material not offered as evidence:
(2)
The ALJ must give the other parties an opportunity to inspect the entire document and offer in evidence any other portions of the document.
(c) Official notice.
(1)
At the request of any party at the hearing, the ALJ may take official notice of any matter of which the courts of the United States may take judicial notice, including the public records of NMFS and any other Department party.
(2)
The ALJ must give the other parties appearing at the hearing an opportunity to show the contrary of an officially noticed fact.
(3)
Any party requesting official notice of a fact after the conclusion of the hearing must show good cause for its failure to request official notice during the hearing.
(d) Stipulations.
(1)
The parties may stipulate to any relevant facts or to the authenticity of any relevant documents.