PART 906—HEARINGS Authority: Secs. 610 and 1106 of the Foreign Service Act of 1980, Pub. L. 96-465 (22 U.S.C. 4010 and 4136), as amended. Source: 50 FR 31356, Aug. 2, 1985, unless otherwise noted. § 906.1 Decision whether to hold a hearing. After deciding either to accept jurisdiction over a grievance or to postpone decision of that question under § 904.2(a) of this chapter, the Board will make an initial determination of whether a hearing shall be held in accordance with part 906 of this chapter, or whether the grievance shall be resolved without a hearing in accordance with part 907 of this chapter. The Board may reconsider its decision as to holding a hearing upon the written request of any party or on its own initiative. § 906.2 Mandatory hearing. The Board shall conduct a hearing—(a) At the request of the grievant in any case which involves disciplinary action or a grievant's retirement from the Service for expiration of time-in-class or based on relative performance, or (b) In any case which in the judgment of the Board can best be resolved by a hearing or presentation of oral argument. The Board shall also conduct a hearing in separation for cause proceedings unless the charged employee waives in writing his or her right to such hearing. § 906.3 Notification. When the Board orders a hearing, the executive secretary shall so notify the parties in writing. The parties shall be given reasonable notice of the date and place selected by the Board for the hearing. § 906.4 Hearing panels and members. Unless the Board and the parties agree otherwise, all hearings shall be held before a panel of at least three members. § 906.5 Prehearing conferences. (a) The Board may in its discretion order a prehearing conference of the parties (which may be presided over by any member) for the purpose of considering: (1) Simplification or clarification of the issues; (2) Serving of interrogatories; (3) Stipulations, admissions, agreements on documents, matters already on record, or similar agreements which will avoid the necessity of proving facts or issues not in dispute; (4) Identification of witnesses the parties may wish to call and the intended scope of their testimony; limitation on the number of witnesses; and arrangement for the appearance of witnesses; (5) Avoidance of irrelevant, immaterial, or unduly repetitive testimony; (6) The possibility of disposition of the case through agreement; (7) The order of presentation at the hearing and the allocation of the burden of proof; and (8) Such other matters as may aid in the disposition of the case. (b) The parties authorized to attend the hearing may attend the prehearing conference. (c) The results of the conference shall be summarized in writing by the Board and made a part of the record of proceedings. Copies of the summary shall be sent to the parties. The parties may submit comments or corrections on the summary. § 906.6 Powers of presiding member. In connection with the hearing, the presiding member shall, as appropriate: (a) Fix the time and place of the hearing; (b) Order further conferences; (c) Regulate the course of the hearing; (d) Administer oaths and affirmations; (e) Dispose of procedural requests and similar matters; (f) Rule on admissibility of testimony and exhibits; (g) Exclude any person from the hearing for behavior that obstructs the hearing; (h) Authorize and set the time for the filing of briefs or other documents; (i) Grant continuances and extensions of time; (j) Reopen the record; (k) Take any other action in the course of the proceedings consistent with the purpose of this part. § 906.7 Conduct of hearing. (a) Authorized attendance. (b) Procedure. (c) Order of presentation. (d) Evidence. (e) Testimony. (f) Transcript. § 906.8 Witnesses. (a) General. (b) Availability. (c) Notice. § 906.9 Failure of party to appear. The hearing may proceed in the absence of any party who, after due notice and without good cause, fails to be present or obtain an adjournment.