6.1 - Hearings Generally

(a) Location

In cases under INA § 274B, the ALJ will give due regard to the convenience of the parties and the witnesses in selecting a place for the hearing. In cases under INA §§ 274A and 274C, hearings will be held at the nearest practicable place to where the respondent resides or where the alleged violation occurred.

(b) Rights of Parties

Every party will have the right to:

• present a case or defense by:
  • oral and/or documentary evidence;
  • depositions; and
  • duly authenticated copies of records and documents;
• submit rebuttal evidence;
• conduct cross-examination necessary for a full and complete disclosure of the facts;
• make a written and/or oral statement of position;
• be heard by objection, motion, and argument; and
• exercise any other rights essential to a fair hearing.

(c) Public Hearings

OCAHO hearings are generally open to the public. However, the ALJ may order any hearing (or part thereof) closed if it would be in the best interests of the parties, a witness, the public, or other affected persons.