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CFR  

Code of Federal Regulations Pertaining to U.S. Department of Labor

Title 29  

Labor

 

Chapter I  

Office of the Secretary of Labor

 

 

Part 18  

Rules of Practice and Procedure for Administrative Hearings Before the Office of Administrative Law Judges

 

 

 

Subpart B  

Rules of Evidence


29 CFR 18.103 - Rulings on evidence.

  • Section Number: 18.103
  • Section Name: Rulings on evidence.

    (a) Effect of erroneous ruling. Error may not be predicated upon a 


ruling which admits or excludes evidence unless a substantial right of 


the party is affected, and


    (1) Objection. In case the ruling is one admitting evidence, a 


timely objection or motion to strike appears of record, stating the 


specific ground of objection, if the specific ground was not apparent 


from the context; or


    (2) Offer of proof. In case the ruling is one excluding evidence, 


the substance of the evidence was made known to the judge by offer or 


was apparent from the context within which questions were asked. A 


substantial right of the party is affected unless it is more probably 


true than not true that the error did not materially contribute to the 


decision or order of the judge. Properly objected to evidence admitted 


in error does not affect a substantial right if explicitly not relied 


upon by the judge in support of the decision or order.


    (b) Record of offer and ruling. The judge may add any other or 


further statement which shows the character of the evidence, the form in 


which it was offered, the objection made, and the ruling thereon. The 


judge may direct the making of an offer in question and answer form.


    (c) Plain error. Nothing in this rule precludes taking notice of 


plain errors affecting substantial rights although they were not brought 


to the attention of the judge.
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