Subpart D — General Rules and Hearings
Upon notification to all parties, the Assistant Administrator or
Administrative Law Judge may take official notice of any fact or document not
appearing in evidence in the record. Any party objecting to the official notice
must file an objection within 10 days after service of the notice. If a Final
Agency Order has been issued, and the decision rests on a material and
disputable fact of which the Agency decisionmaker has
taken official notice, a party may challenge the action of official notice in
accordance with §386.64 of this
part.
[70 FR 28483 May 18, 2005]