109 STAT. 34
PUBLIC LAW 104-1—JAN. 23, 1995
kinds of personnel and other matters for which hearings
may be held under this Act, and
(B) individuals expert in technical matters relating
to accessibility and usability by persons with disabilities
or technical matters relating to occupational safety and
health.
In developing lists, the Executive Director shall consider candidates recommended by the Federal Mediation and Conciliation Service or the Administrative Conference of the United
States.
(d) HEARING.— Unless a complaint is dismissed before a hearing,
a hearing shall be—
Records.
(1) conducted in closed session on the record by the hearing
officer;
(2) commenced no later than 60 days after filing of the
complaint under subsection (a), except that the Office may,
for good cause, extend up to an additional 30 days the time
for commencing a hearing; and
(3) conducted, except as specifically provided in this Act
and to the greatest extent practicable, in accordance with the
principles and procedures set forth in sections 554 through
557 of title 5, United States Code.
(e) DISCOVERY.—Reasonable prehearing discovery may be permitted at the discretion of the hearing officer.
(f) SUBPOENAS.—
(1) IN GENERAL.— At the request of a party, a hearing
officer may issue subpoenas for the attendance of witnesses
and for the production of correspondence, books, papers, documents, and other records. The attendance of witnesses and
the production of records may be required from any place
within the United States. Subpoenas shall be served in the
manner provided under rule 45(b) of the Federal Rules of
Civil Procedure.
(2) OBJECTIONS.— If a person refuses, on the basis of relevance, privilege, or other objection, to testify in response to
a question or to produce records in connection with a proceeding
before a hearing officer, the hearing officer shall rule on the
objection. At the request of the witness or any party, the
hearing officer shall (or on the hearing officer's own initiative,
the hearing officer may) refer the ruling to the Board for
review.
(3) ENFORCEMENT.—
(A) IN GENERAL.— I f a person fails to comply with a
subpoena, the Board may authorize the General Counsel
to apply, in the name of the Office, to an appropriate
United States district court for an order requiring that
person to appear before the hearing officer to give testimony
or produce records. The application may be made within
the judicial district where the hearing is conducted or
where that person is found, resides, or transacts business.
Any failure to obey a lawful order of the district court
issued pursuant to this section may be held by such court
to be a civil contempt thereof.
(B) SERVICE OF PROCESS.—Process in an action or contempt proceeding pursuant to subparagraph (A) may be
served in any judicial district in which the person refusing
or failing to comply, or threatening to refuse or not to
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