[Code of Federal Regulations]

[Title 42, Volume 4]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR1005.16]



[Page 1202]

 

                         TITLE 42--PUBLIC HEALTH

 

      GENERAL--HEALTH CARE, DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

PART 1005_APPEALS OF EXCLUSIONS, CIVIL MONEY PENALTIES AND ASSESSMENTS--

 

Sec.  1005.16  Witnesses.



    (a) Except as provided in paragraph (b) of this section, testimony 

at the hearing will be given orally by witnesses under oath or 

affirmation.

    (b) At the discretion of the ALJ, testimony (other than expert 

testimony) may be admitted in the form of a written statement. The ALJ 

may, at his or her discretion, admit prior sworn testimony of experts 

which has been subject to adverse examination, such as a deposition or 

trial testimony. Any such written statement must be provided to all 

other parties along with the last known address of such witnesses, in a 

manner that allows sufficient time for other parties to subpoena such 

witness for cross-examination at the hearing. Prior written statements 

of witnesses proposed to testify at the hearing will be exchanged as 

provided in Sec.  1005.8.

    (c) The ALJ will exercise reasonable control over the mode and order 

of interrogating witnesses and presenting evidence so as to:

    (1) Make the interrogation and presentation effective for the 

ascertainment of the truth,

    (2) Avoid repetition or needless consumption of time, and

    (3) Protect witnesses from harassment or undue embarrassment.

    (d) The ALJ will permit the parties to conduct such cross-

examination of witnesses as may be required for a full and true 

disclosure of the facts.

    (e) The ALJ may order witnesses excluded so that they cannot hear 

the testimony of other witnesses. This does not authorize exclusion of--

    (1) A party who is an individual;

    (2) In the case of a party that is not an individual, an officer or 

employee of the party appearing for the entity pro se or designated as 

the party's representative; or

    (3) An individual whose presence is shown by a party to be essential 

to the presentation of its case, including an individual engaged in 

assisting the attorney for the IG.



[57 FR 3350, Jan. 29, 1992, as amended at 67 FR 11936, Mar. 18, 2002]