[Code of Federal Regulations]
[Title 36, Volume 3]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR1150.73]

[Page 291]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
 CHAPTER XI--ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD
 
PART 1150--PRACTICE AND PROCEDURES FOR COMPLIANCE HEARINGS--Table of Contents
 
                      Subpart H--Hearing Procedures
 
Sec. 1150.73  Testimony.

    (a) Formal rules of evidence shall not apply, but rules or 
principles designed to assure production of the most probative evidence 
available do apply. Testimony shall be given orally under oath or 
affirmation; but the judge, in his/her discretion, may require or permit 
the direct testimony of any witness to be prepared in writing and served 
on all parties in advance of the hearing. Such testimony may be adopted 
by the witness at the hearing and filed as part of the record.
    (b) All witnesses shall be available for cross-examination and, at 
the discretion of the judge, may be cross-examined without regard to the 
scope of direct examination as to any matter which is relevant and 
material to the proceeding.
    (c) When testimony is taken by deposition, an opportunity shall be 
given, with appropriate notice, for all parties to cross-examine the 
witness. Objections to any testimony or evidence presented shall be 
deemed waived unless raised at the time of the deposition.
    (d) Witnesses appearing before the judge shall be paid the same fees 
and mileage that are paid witnesses in the courts of the United States. 
Witnesses whose depositions are taken and the persons taking the same 
shall be entitled to the same fees as are paid for like services in the 
courts of the United States. Witness fees and mileage shall be paid by 
the party requesting the witness to appear, and the person taking a 
deposition shall be paid by the party requesting the taking of the 
deposition.