ORGANIC LAWS GOVERNING U.S. COAST GUARD 13 



any time withdraw if he deems himself disqualified; and, upon the 

 filing in good faith of a timely and sufficient affidavit of personal 

 bias or disqualification of any 'such officer, the agency shall deter- 

 mine the matter as a part of the record and decision in the case. 



(b) Officers presiding at hearings shall have authority, subject 

 to the published niles of the agency and within its powers, to (1) ad- 

 minister oaths and affirmations, (2) issue subpenas authorized by 

 law, (3) rule uix)n ofters of proof and receive relevant evidence, 

 (4) take or cause depositions to be taken whenever the ends of jus- 

 tice would be served thereby, (5) regulate the coui-se of the hearmg, 

 (6) hold conferences for the settlement or simplification of the issues 

 by consent of the parties, (7) dispose of procedural requests or 

 similar matter, (8) make decisions or recommend decisions in con- 

 formity with section 8, and (9) take any other action authorized by 

 agency rule consistent with this chapter. 



(c) Except as statutes otlierwise provide, the proponent of a rule 

 or order shall have the burden of proof. Any oral or documentary 

 evidence may be received, but every agency shall as a matter of policy 

 provide for the exclusion of irrelevant, immaterial, or unduly repe- 

 titious evidence and no sanction .shall be imposed or rule or order be 

 issued excei>t upon consideration of the whole record or such portions 

 thereof as may be cited by any party and as supported by and in 

 accordance with the reliable, probative, and substantial evidence. 

 Every party shall have the right to present his case or defense by 

 oral or documentary evidence, to submit rebuttal evidence, and to 

 conduct such cross-examination as may be required for a full and true 

 disclosure of the facts. In rule making or determining claims for 

 jnoney or benefits or applications for initial licenses any agency may, 

 where the interest of any party will not be prejudiced thereby, 

 adopt procedures for the submission of all or part of the evidence in 

 written fomi. 



(d) The transcript of testimony and exhibits, together with all 

 papers and requests filed in the proceeding, shall constitute the ex- 

 clusive record for decision in accordance with section 8 and, upon 

 payment of lawfully prescribed costs, shall be made available to the 

 parties. Where any agency decision rests on official notice of a ma- 

 terial fact not appearing m the evidence in the record, any party 

 shall on timely request be afi'orded an opportunity to show the contrary. 



Initial decisions; conclusiveness; review by agency 



5 U.S.C. 1007 



In cases in which a hearing is required to be conducted in con- 

 formity with section 1007 of this title — 



(a) In cases in which the agency has not presided at the reception 

 of the evidence, the officer who presided (or, in cases not subject to 

 subsection (c) of section 1004 of this title, any other officer or officers 

 qualified to preside at hearings pursuant to section 1006 of this title) 

 shall initially decide the case or the agency shall require (in specific 

 cases or by general rule) the entire record to be certified to it for 

 initial decision. Whenever such officers make the initial decision and 

 in the absence of either an appeal to the agency or review upon mo- 

 tion of the agency within time provided by rule, such decision shall 



