[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR209.26]

[Page 164-165]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 209--RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE NOISE CONTROL 
ACT OF 1972--Table of Contents
 
Subpart A--Rules of Practice Governing Hearings for Orders Issued Under 
                 Section 11(d) of the Noise Control Act
 
Sec. 209.26  Evidence.

    (a) The official transcripts and exhibits, together with all papers 
and requests filed in the proceeding, shall constitute the record. 
Evidence may be received at the hearing even though inadmissible under 
the rules of evidence applicable to judicial proceedings, provided it is 
relevant, competent and material and not unduly repetitious. Immaterial 
or irrelevant parts of an admissible document shall be segregated and 
excluded so far as practicable. The weight to be given evidence shall be 
determined by its reliability and probative value.
    (b) Witnesses shall be examined orally, under oath or affirmation, 
except as otherwise provided in these rules of practice or by the 
administrative law judge. Parties shall have the right to cross-examine 
a witness who appears at the hearing provided that such cross-
examination is not unduly repetitious.

[[Page 165]]

    (c) Rulings of the administrative law judge on the admissibility of 
evidence, the propriety of examination and cross-examination and other 
procedural matters shall appear in the record.
    (d) Parties shall automatically be presumed to have taken exception 
to an adverse ruling.