(a) Objections. If a party objects to the admission or rejection of
any evidence or to the limitation of the scope of any examination or
cross-examination or the failure to limit such scope, he shall state
briefly the grounds for such objection. Rulings on all objections shall
appear in the record. Only objections made on the record may be relied
upon subsequently in the proceedings.
(b) Exceptions. Formal exception to an adverse ruling is not
required. Rulings by the Administrative Law Judge shall not be appealed
prior to the transfer of the case to the Secretary, but shall be
considered by the Secretary upon filing exceptions to the Administrative
Law Judge's recommendations and conclusions.
(c) Offer of proof. An offer of proof made in connection with an
objection taken to any ruling excluding proffered oral testimony shall
consist of a statement of the substance of the evidence which counsel
contends would be adduced by such testimony; and, if the excluded
evidence consists of evidence in written form or consists of reference
to documents, a copy of such evidence shall be marked for identification
and shall accompany the record as the offer of proof.
[43 FR 49259, Oct. 20, 1978; 43 FR 51401, Nov. 3, 1978]
