# 29 C.F.R. § 102.64 (2026): Conduct of hearing > Federal · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/CFR_T29_P102_S102_64 ## Section - **Citation:** 29 C.F.R. § 102.64 (2026) - **Heading:** Conduct of hearing - **Jurisdiction:** Federal - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Title 29 CFR: Labor / Chapter I: NATIONAL LABOR RELATIONS BOARD / Part 102: RULES AND REGULATIONS, SERIES 8 / Subpart D: Procedure Under Section 9(c) of the Act for the Determination of Questions Concerning Representation of Employees 2 and for Clarification of Bargaining Units and for Amendment of Certifications Under Section 9(b) of the Act / § 102.64: § 102.64 Conduct of hearing. ## Text (a) The purpose of a hearing conducted under Section 9(c) of the Act is to determine if a question of representation exists. A question of representation exists if a proper petition has been filed concerning a unit appropriate for the purpose of collective bargaining or concerning a unit in which an individual or labor organization has been certified or is being currently recognized by the employer as the bargaining representative. Disputes concerning individuals' eligibility to vote or inclusion in an appropriate unit ordinarily need not be litigated or resolved before an election is conducted. If, upon the record of the hearing, the Regional Director finds that a question of representation exists, the director shall direct an election to resolve the question. (b) Hearings shall be conducted by a Hearing Officer and shall be open to the public unless otherwise ordered by the Hearing Officer. At any time, a Hearing Officer may be substituted for the Hearing Officer previously presiding. Subject to the provisions of § 102.66, it shall be the duty of the Hearing Officer to inquire fully into all matters and issues necessary to obtain a full and complete record upon which the Board or the Regional Director may discharge their duties under Section 9(c) of the Act. (c) The hearing shall continue from day to day until completed unless the Regional Director concludes that extraordinary circumstances warrant otherwise. The Regional Director may, in the director's discretion, adjourn the hearing to a different place by announcement thereof at the hearing or by other appropriate notice. [84 FR 69593, Dec. 18, 2019, as amended at 88 FR 58101, Aug. 25, 2023] ## Nearby sections - [29 C.F.R. § 102.60 (2026) § 102.60 Petitions.](https://www.frixlaw.com/law-library/statutes/CFR_T29_P102_S102_60.md) - [29 C.F.R. § 102.61 (2026) § 102.61 Contents of petition for certification; contents of petition for decertification; contents of petition for clarification of bargaining unit; contents of petition for amendment of certification.](https://www.frixlaw.com/law-library/statutes/CFR_T29_P102_S102_61.md) - [29 C.F.R. § 102.62 (2026) § 102.62 Election agreements; voter list; Notice of Election.](https://www.frixlaw.com/law-library/statutes/CFR_T29_P102_S102_62.md) - [29 C.F.R. § 102.63 (2026) § 102.63 Investigation of petition by Regional Director; Notice of Hearing; service of notice; Notice of Petition for Election; Statement of Position; withdrawal of Notice of Hearing.](https://www.frixlaw.com/law-library/statutes/CFR_T29_P102_S102_63.md) - [29 C.F.R. § 102.64 (2026) § 102.64 Conduct of hearing.](https://www.frixlaw.com/law-library/statutes/CFR_T29_P102_S102_64.md) - [29 C.F.R. § 102.65 (2026) § 102.65 Motions; intervention; appeals of Hearing Officer's rulings.](https://www.frixlaw.com/law-library/statutes/CFR_T29_P102_S102_65.md) - [29 C.F.R. § 102.66 (2026) § 102.66 Introduction of evidence: rights of parties at hearing; preclusion; subpoenas; oral argument and briefs.](https://www.frixlaw.com/law-library/statutes/CFR_T29_P102_S102_66.md) - [29 C.F.R. § 102.67 (2026) § 102.67 Proceedings before the Regional Director; further hearing; action by the Regional Director; appeals from actions of the Regional Director; statement in opposition; requests for extraordinary relief; Notice of Election; voter list.](https://www.frixlaw.com/law-library/statutes/CFR_T29_P102_S102_67.md) - [29 C.F.R. § 102.68 (2026) § 102.68 Record in pre-election proceeding; what constitutes; transmission to Board.](https://www.frixlaw.com/law-library/statutes/CFR_T29_P102_S102_68.md) - [29 C.F.R. § 102.69 (2026) § 102.69 Election procedure; tally of ballots; objections; certification by the Regional Director; hearings; Hearing Officer reports on objections and challenges; exceptions to Hearing Officer reports; Regional Director decisions on objections and challenges.](https://www.frixlaw.com/law-library/statutes/CFR_T29_P102_S102_69.md) - [29 C.F.R. § 102.70 (2026) § 102.70 Runoff election.](https://www.frixlaw.com/law-library/statutes/CFR_T29_P102_S102_70.md) - [29 C.F.R. § 102.71 (2026) § 102.71 Dismissal of petition; refusal to proceed with petition; requests for review by the Board of action of the Regional Director.](https://www.frixlaw.com/law-library/statutes/CFR_T29_P102_S102_71.md) - [29 C.F.R. § 102.72 (2026) § 102.72 Filing petition with general counsel: investigation upon motion of general counsel; transfer of petition and proceeding from region to general counsel or to another region; consolidation of proceedings in same region; severance; procedure before general counsel in cases over which the general counsel has assumed jurisdiction.](https://www.frixlaw.com/law-library/statutes/CFR_T29_P102_S102_72.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CFR_T29_P102_S102_64. 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