[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR76.29]

[Page 327-328]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 76--RULES OF PROCEDURE FOR ASSESSMENT OF CIVIL PENALTIES FOR POSSESSION OF CERTAIN CONTROLLED SUBSTANCES--Table of Contents
 
Sec. 76.29  Witnesses.

    (a) Except as provided in paragraph (b) of this section, testimony 
at the hearing shall be given orally by witnesses under oath or 
affirmation.
    (b) At the discretion of the Judge and to the extent otherwise 
permitted by law, testimony may be admitted in the form of a written 
statement or deposition. Any such written statement must be provided to 
all other parties, along with the last known address of such witness, in 
a manner which allows sufficient time for other parties to subpoena, if 
necessary, such witness for cross-examination at the hearing. Prior 
written statements of witnesses proposed to testify at the hearing and 
deposition transcripts shall be exchanged as provided in 28 CFR 76.22.
    (c) The Judge shall 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 needless consumption of time; and

[[Page 328]]

    (3) Protect witnesses from harassment or undue embarrassment.
    (d) The Judge shall permit the parties to conduct such cross-
examination as may be required for a full and true disclosure of the 
facts.
    (e) At the discretion of the Judge, a witness may be cross-examined 
on matters relevant to the proceeding without regard to the scope of his 
or her direct examination.
    (f) Upon motion of any party, the Judge shall order witnesses 
excluded so that they cannot hear the testimony of other witnesses. This 
part does not authorize exclusion of the following:
    (1) The respondent;
    (2) An individual whose presence is shown by a party to be essential 
to the presentation of its case.