(a) Witnesses appearing at the hearing need not be sworn. The
administrative law judge may, however, within his discretion, require
that witnesses take an oath or affirmation as to testimony submitted.
(b) Written statements may be filed any time prior to the date of
the hearing by persons who cannot appear personally.
(c) Written documents and exhibits shall be tendered in
quadruplicate. When evidence is embraced in a document containing matter
not intended to be put in evidence, within the discretion of the
administrative law judge, such a document will not be received but the
person offering the same may present to the administrative law judge the
original document together with two copies of those portions of the
document intended to be put in evidence.
(d) At any stage of the hearing, the administrative law judge may
call for further evidence upon any matter. After the hearing has been
closed, no further evidence shall be taken, except at the request of the
Administrative Review Board, unless provision has been made at the
hearing for the later receipt of such evidence. In the event that the
Administrative Review Board shall cause the hearing to be reopened for
the purpose of receiving further evidence, due and reasonable notice of
the time and place fixed for such taking of testimony shall be given to
all persons who have appeared at the hearing or filed a notice of
intention to appear at the hearing.
(e) The rules of evidence prevailing in courts of law or equity
shall not be controlling. However, it shall be the policy to exclude
irrelevant, immaterial, or unduly repetitious evidence.
[17 FR 7944, Aug. 30, 1952. Redesignated at 24 FR 10952, Dec. 30, 1959,
as amended at 61 FR 19988, May 3, 1996]