ARTICLE 1: - emits - ESA

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<strong>ESA</strong>/REG/001, rev.2 Annex V,rev.1 Page 12 Rule 16. EVIDENCE OF DELIVERY. All communications and notifications provided for in these Rules of Procedure shall be either handed to the addressee against his signature or sent by registered mail and a receipt obtained. Rule 17. REPRESENTATION BEFORE THE BOARD. 17.1 The Agency shall be represented at the Board, its representative may be a member of the Agency’s staff. 17.2 Both parties may be assisted by a counsel or advocate. Rule 18. PERSONNAL APPEARANCE – ASSISTANCE. The claimant may arrange to be represented or assisted by an advocate or counsel, however, the Board may invite the claimant to appear before it in person. Rule 19. HEARING The parties shall be entitled to a hearing. On request of one party and with the agreement of the other party, the Board may decide whether a case may be put forward only in writing. 19.1 Conduct of hearings 19.1.1 The Board's examination of each case shall comprise a full hearing. 19.1.2 The Chairman or in his absence the deputy Chairman shall be responsible for conducting the hearings. 19.1.3 The proceedings shall be public, unless the Board ex officio or at the request of one of the parties shall, for valid reasons, decide otherwise. 19.1.4 Any person having attended a hearing of the Board held in camera shall observe the strictest secrecy concerning any facts that may have come to his knowledge in the course of the proceedings and any opinions expressed thereat.
<strong>ESA</strong>/REG/001, rev.2 Annex V, rev.1 Page 13 19.2 Language of hearings 19.2.1 Hearings shall be conducted either in English or French. 19.2.2 The Board and the parties to the hearing may be assisted, if necessary, by an interpreter. 19.3 Oral Statements Either party or its representative, and its counsel or advocate, shall have the right to adduce verbally any argument in support of the pleas advanced in the claim. 19.4 Hearings in absentia 19.4.1 The Board may decide to examine a case in the absence of one or both of the parties, provided that the date of the hearing has been duly notified to the parties concerned. 19.4.2 If one or both of the parties, although duly summoned, fails or fail to appear before the Board, without producing a valid reason, the Board may close the hearings and make its final decision. 19.5 Hearing of witnesses 19.5.1 All parties may propose to the Board to call witnesses and may submit other appropriate forms of evidence. 19.5.2 Staff members of the Agency, if so requested by the Board, shall appear before it and give evidence. 19.5.3 A witness shall not be bound to disclose information to the Board if he has professional or moral objections which are acceptable to the Board in accordance with the general principles of law. 19.5.4 Before each witness is heard, the Chairman or in his absence the deputy Chairman shall require of him an undertaking to answer fully and accurately any questions put to him. Where appropriate, he shall draw attention to the fact that all those attending hearings in camera are bound to secrecy, or to the obligation placed on staff members of the Agency to give any information required of them. 19.5.5 Minutes shall be kept of each hearing of witnesses of the parties and shall be signed by the members of the Board who took part in the audition of the witness. 19.6 Production of documents and supply of information The Board may request the parties to produce all documents and to supply all information which it considers desirable for the proceedings.
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ESA/REG/001, rev.2 Page 3 EUROPEAN
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ARTICLE 1: - emits - ESA

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