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(4) to be represented by counsel retained by him or her; and
(5) to present evidence or submit any relevant information, including the testimony of witnesses;
and
(6) to receive from the Clerk, for a fee established by the Court's schedule of fees, a copy of the
audiotape and transcript of any hearing that is held; and
(7) to receive from the Committee a copy of any report prepared by the Committee and of any
evidence gathered by the Committee; and
(8) to file with the Clerk (in an envelope marked "
CONFIDENTIAL
") a rebuttal to the Committee's
report ["report rebuttal"] not later than 30 days after the date that the report is received by
him or her.
(e) Hearings.
(1) On its own initiative, the Committee may conduct a hearing into any matter referred to it,
and, at the request of the practitioner concerned or by order of the Court, the Committee will
conduct a hearing at an appropriate stage in the proceeding before it. In a case where the
practitioner concerned has requested a hearing, a hearing must be conducted before the
submission by the Committee of a report to the Court.
(2) All hearings are conducted in private, either in person at the Court's location (or some other
location designated by the Chair with the approval of the Chief Judge) or by telephone, at
the option of the practitioner concerned. Testimony must be under oath or affirmation and
is subject to cross-examination by the applicant or practitioner concerned or the Committee,
as appropriate. The Clerk will make arrangements for an audiotape and transcript of the
hearing to be made at the expense of the Court. The Chair of the Committee is empowered
on behalf of the Court to administer oaths at hearings held pursuant to this Rule.
(3) In the event that the Committee believes that it is necessary to compel the testimony of a
witness, the Committee will apply to the Chief Judge for the issuance of a subpoena pursuant
to 38 U.S.C. § 7265(b).
(4) Any hearing will be kept confidential and will not be attended by Court personnel except
where necessary for the purposes of security. Any audiotape or transcript made pursuant to
this Rule will not be prepared by Court personnel. Any audiotape or transcript of such
hearing will be maintained by the Clerk as the Court's liaison with the Committee, and will
not be available to any other Court personnel prior to the submission of the Committee's
report.
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