[Code of Federal Regulations]
[Title 27, Volume 1]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 27CFR71.83]

[Page 1075-1076]
 
            TITLE 27--ALCOHOL, TOBACCO PRODUCTS AND FIREARMS
 
 CHAPTER I--ALCOHOL AND TOBACCO TAX AND TRADE BUREAU, DEPARTMENT OF THE 
                                TREASURY
 
PART 71--RULES OF PRACTICE IN PERMIT PROCEEDINGS--Table of Contents
 
                      Subpart F--Hearing Procedure
 
Sec. 71.83  Evidence.

    Any evidence which would be admissible under the rules of evidence 
governing proceedings in matters not involving trial by jury in the 
Courts of the United States, shall be admissible and controlling as far 
as possible: Provided, That the administrative law judge may relax such 
rules in any hearing when in his judgment such relaxation would not 
impair the rights of either party and would more speedily conclude the 
hearing, or would better serve the ends of justice. Except as provided 
in Sec. 71.81, the proponent of an order shall have the burden of proof. 
Every party shall have the right to present his case or defense by oral 
or documentary evidence, depositions, duly authenticated copies of 
records and documents, to submit rebuttal evidence, and to conduct such 
reasonable cross-examination as may be required for a full and true 
disclosure of the facts. The administrative law judge shall have the 
right in his discretion to limit the number of witnesses whose testimony 
may be merely cumulative and shall, as a matter of policy, not only 
exclude irrelevant, immaterial, or unduly repetitious evidence but shall 
also limit the cross-examination of witnesses to reasonable bounds so as 
not to unnecessarily prolong the hearing and unduly burden the record. 
Material and relevant evidence shall not be excluded, because it is not 
the best evidence, unless its authenticity is challenged, in which case 
reasonable

[[Page 1076]]

time shall be given to establish its authenticity. When portions only of 
a document are to be relied upon, the offering party shall prepare the 
pertinent excerpts, adequately identified, and shall supply copies of 
such excerpts, together with a statement indicating the purpose for 
which such materials will be offered, to the administrative law judge 
and to the other parties. Only the excerpts, so prepared and submitted, 
shall be received in the record. However, the whole of the original 
document should be made available for examination and for use by 
opposing counsel for purposes of cross-examination. Compilations, 
charts, summaries of data and photostatic copies of documents may be 
admitted in evidence if the proceedings will thereby be expedited, and 
if the material upon which they are based is available for examination 
by the parties. Objections to the evidence shall be in short form, 
stating the grounds relied upon. The transcript shall not include 
argument or debate on objections, except as ordered by the 
administrative law judge, but shall include the rulings thereon.