CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ – In General; Conduct of Hearing
Single Topic for Decision 1484S
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1104.01000 – In General; Conduct of Hearing
Charging party not denied due process before ALJ when provided opportunity to present testimonial evidence, documentary evidence, and an ordinate amount of “background” evidence of marginal relevance. The right of a charging party to cross examine a respondent’s witnesses or present a closing oral argument assumes that the charging party presents a prima facie case and the proceeding moves beyond charging party’s case-in-chief. Denial of charging party’s request to review transcript proper when it came more than two months after he was told he would need to make a request to review the transcript and came after the extended date for submission of written argument had passed.