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Current as of January 02, 2025 | Updated by Findlaw Staff
Upon the filing of an application, the Commission shall:
(a) Set the application for a hearing on a date within a reasonable time after its filing and notify the applicant of such date by certified mail;
(b) Give notice, as required by the respective Act, to the appropriate State, County, or Federal prosecuting officials in the jurisdiction or jurisdictions in which the applicant was convicted that an application for a Certificate of Exemption has been filed and the date for hearing thereon; and
(c) Notify the Secretary that an application has been filed and the date for hearing thereon and furnish him copies of the application and all supporting documents. Any party may request a postponement of a hearing date in writing from the Office of General Counsel at any time prior to ten (10) days before the scheduled hearing. No request for postponement other than the first for any party will be considered unless a showing is made of cause entirely beyond the control of the requester. The granting of such requests will be within the discretion of the Commission. In the event of a failure to appear on the hearing date as originally scheduled or extended, the absent party will be deemed to have waived his right to a hearing. The hearing will be conducted with the parties present participating and documentation, if any, of the absent party entered into the record.
Cite this article: FindLaw.com - Code of Federal Regulations Title 28. Judicial Administration § 28.4.7 Notice of hearing; postponements - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-28-judicial-administration/cfr-sect-28-4-7/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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