[Code of Federal Regulations]
[Title 14, Volume 1]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR16.223]

[Page 93-94]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 16--RULES OF PRACTICE FOR FEDERALLY-ASSISTED AIRPORT ENFORCEMENT PROCEEDINGS--Table of Contents
 
                           Subpart F--Hearings
 
Sec. 16.223  Evidence.

    (a) General. A party may submit direct and rebuttal evidence in 
accordance with this section.
    (b) Requirement for written testimony and evidence. Except in the 
case of evidence obtained by subpoena, or in the case of a special 
ruling by the hearing officer to admit oral testimony, a party's direct 
and rebuttal evidence shall be submitted in written form in advance of 
the oral hearing pursuant to the schedule established in the hearing 
officer's prehearing conference report. Written direct and rebuttal fact 
testimony shall be certified by the witness as true and correct. Subject 
to the same exception (for evidence obtained by subpoena or subject to a 
special ruling by the hearing officer), oral examination of a party's 
own witness is limited to certification of the accuracy of written 
evidence, including correction and updating, if necessary, and 
reexamination following cross-examination by other parties.
    (c) Subpoenaed testimony. Testimony of witnesses appearing under 
subpoena may be obtained orally.
    (d) Cross-examination. A party may conduct cross-examination that 
may be required for disclosure of the facts,

[[Page 94]]

subject to control by the hearing officer for fairness, expedition and 
exclusion of extraneous matters.
    (e) Hearsay evidence. Hearsay evidence is admissible in proceedings 
governed by this part. The fact that evidence is hearsay goes to the 
weight of evidence and does not affect its admissibility.
    (f) Admission of evidence. The hearing officer admits evidence 
introduced by a party in support of its case in accordance with this 
section, but may exclude irrelevant, immaterial, or unduly repetitious 
evidence.
    (g) Expert or opinion witnesses. An employee of the FAA or DOT may 
not be called as an expert or opinion witness for any party other than 
the agency except as provided in Department of Transportation 
regulations at 49 CFR part 9.