Current through November 30, 2024
Section 1091.205 - Supplemental oral response(a) If the respondent makes a timely request in a response under § 1091.203 for the opportunity to present a supplemental oral response, the Director shall issue an order setting forth the date, time, and general information relating to the conduct of a supplemental oral response.(b) There shall be no discovery permitted or witnesses called in connection with a supplemental oral response.(c) If a respondent is a corporate or other entity, and not a natural person, the respondent shall be represented in any supplemental oral response by:(1) An officer, managing or general member, or partner authorized to represent the respondent; or(2) An attorney in good standing of the bar of the highest court of any State.(d) If a respondent is a natural person, the respondent shall be represented in any supplemental oral response by: (1) The respondent personally; or(2) An attorney in good standing of the bar of the highest court of any State.(e) The Director shall cause an audio recording of a supplemental oral response to be made by a court reporter or other designated person. A respondent may purchase a copy or transcript of the recording at the respondent's own expense.(f) The initiating official may participate in any supplemental oral response conducted under this section.(g) A respondent's failure to participate in a supplemental oral response scheduled by the Director shall constitute the respondent's waiver of the opportunity to present a supplemental oral response.