[Code of Federal Regulations]
[Title 45, Volume 1]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR160.556]

[Page 714-715]
 
                        TITLE 45--PUBLIC WELFARE
 
                    SUBTITLE A--DEPARTMENT OF HEALTH
                         AND HUMAN SERVICES
 
PART 160_GENERAL ADMINISTRATIVE REQUIREMENTS--Table of Contents
 
    Subpart E_Civil Money Penalties: Procedures for Investigations, 
                  Imposition of Penalties, and Hearings
 
Sec. 160.556  Witnesses.

    (a) Except as provided in paragraph (b) of this section, testimony 
at the hearing must be given orally by witnesses under oath or 
affirmation.

[[Page 715]]

    (b) At the discretion of the ALJ, testimony of witnesses other than 
the testimony of expert witnesses may be admitted in the form of a 
written statement. Any such written statement must be provided to all 
other parties along with the last known address of the witness, in a 
manner that allows sufficient time for the other party to subpoena the 
witness for cross-examination at the hearing. Prior written statements 
of witnesses proposed to testify at the hearing must be exchanged as 
provided in Sec. 160.540. The ALJ may, at his or her discretion, admit 
prior sworn testimony of experts that has been subject to adverse 
examination, such as a deposition or trial testimony.
    (c) The ALJ must 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 repetition or needless consumption of time; and
    (3) Protect witnesses from harassment or undue embarrassment.
    (d) The ALJ must permit the parties to conduct cross-examination of 
witnesses as may be required for a full and true disclosure of the 
facts.
    (e) The ALJ may order witnesses excluded so that they cannot hear 
the testimony of other witnesses. This provision does not authorize the 
exclusion of--
    (1) A party who is a natural person;
    (2) In the case of a party that is an entity, the officer or 
employee of the party appearing for the entity pro se or designated as 
the party's representative; or
    (3) A natural person whose presence is shown by a party to be 
essential to the presentation of its case, including a person engaged in 
assisting the attorney for the Secretary.