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The Department believes that the closing polices correctly give respondents and complainants equivalent and significant prospect to choose their own advisors of option and to therefore immediate and command the fashion by which a celebration routines a right of cross-assessment.
The Department does not have manage around claims manufactured by parties in opposition to recipients in non-public litigation, but clarifies right here that this provision does not impose a burden on the recipient to guarantee the "adequacy" of an assigned advisor, merely that the assigned advisor performs the function explained in this provision. Nothing in the closing laws precludes a recipient from giving to supply attorney illustration or non-attorney advisors to the two parties throughout the total grievance method or just for a are living hearing, although § 106.45(b)(5)(iv) ensures that get-togethers would retain the ideal to pick out their have advisor of selection and refuse any such give by a recipient.

Recipients simply cannot impose a charge or payment limitation on a party's advisor of decision and if needed to offer a party with an advisor at a listening to, the recipient may perhaps not charge the celebration any fee. We have revised § 106.45(b)(6)(i) to state: "If a celebration does not have an advisor existing at the hearing, the receiver must give with out charge or charge to that Start Printed Page 30340 party an advisor of the recipient's choice, who could be, but is not demanded to be, an attorney, to carry out cross-examination on behalf of that get together." This directive addresses many of the commenters' problems about supplying an advisor.

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