C.F.R. » Title 20 » CHAPTER VI—OFFICE OF WORKERS' COMPENSATION PROGRAMS, DEPARTMENT OF LABOR › SUBCHAPTER A—LONGSHOREMEN'S AND HARBOR WORKERS' COMPENSATION ACT AND RELATED STATUTES › PART 702—ADMINISTRATION AND PROCEDURE › Subpart C—Adjudication Procedures

20 C.F.R. § 702.339

Formal hearings; evidence

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In making an investigation or inquiry or conducting a hearing, the administrative law judge shall not be bound by common law or statutory rules of evidence or by technical or formal rules of procedure, except as provided by 5 U.S.C. 554 and these regulations; but may make such investigation or inquiry or conduct such hearing in such a manner as to best ascertain the rights of the parties.

Notes of Decisions
Cited in 2 cases, 1992–1993 · leading case: Shirley A. Smiley v. Dir., Off. of Workers Comp. Programs Navy Resale & Servs. Support Off., 984 F.2d 278 (9th Cir. 1993).
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Shirley A. Smiley v. Dir., Off. of Workers Comp. Programs Navy Resale & Servs. Support Off., 984 F.2d 278 (9th Cir. 1993). “20 C.F.R. § 702.339 gives an AU authority to “make such investigation or inquiry or conduct such hearing in such a manner as to best ascertain the rights of the parties.”
Shirley A. Smiley v. Dir., Off. of Workers Comp. Programs Navy Resale & Servs. Support Off., 973 F.2d 1463 (9th Cir. 1992). “20 C.F.R. § 702.339 gives an AU authority to “make such investigation or inquiry or conduct such hearing in such a manner as to best ascertain the rights of the parties.”
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