[Code of Federal Regulations]
[Title 40, Volume 20]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR179.93]

[Page 293-294]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 179--FORMAL EVIDENTIARY PUBLIC HEARING--Table of Contents
 
                      Subpart E--Hearing Procedures
 
Sec. 179.93  Testimony.

    (a) The presiding officer will conduct such proceedings as are 
necessary for the taking of oral direct testimony and for the conduct of 
oral examination of witnesses by the parties. The presiding officer 
shall limit oral examination to prevent irrelevant, immaterial or unduly 
repetitious examination.
    (b) Direct testimony shall be submitted in writing, except that the 
presiding officer may order direct testimony to be presented orally in 
those unusual cases where the memory or demeanor of the witness is of 
importance. Written direct testimony shall be in the form of a verified 
statement of fact or opinion prepared by the witness, in narrative form 
or in question-and-answer form. Written direct testimony may incorporate 
exhibits. Such a verified statement or exhibit may not be admitted into 
evidence sooner than

[[Page 294]]

14 days (or such other reasonable period as the presiding officer may 
order) after the witness has delivered to the presiding officer and each 
party a copy of the statement or exhibit. The admissibility of the 
evidence contained in such a statement is subject to the same rules as 
if such testimony had been given orally.
    (c) Oral cross-examination of witnesses will be permitted. Each 
exhibit that a party intends to rely upon in cross-examining a witness 
shall be furnished to the other parties not later than 3 days (or such 
other reasonable period as the presiding officer may order) before such 
exhibit is used in the cross-examination.
    (d) Witnesses shall give testimony under oath or affirmation.