[Code of Federal Regulations]
[Title 16, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR3.43]

[Page 69-70]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
                   CHAPTER I--FEDERAL TRADE COMMISSION
 
PART 3_RULES OF PRACTICE FOR ADJUDICATIVE PROCEEDINGS--Table of Contents
 
                           Subpart E_Hearings
 
Sec. 3.43  Evidence.

    (a) Burden of proof. Counsel representing the Commission, or any 
person who has filed objections sufficient to warrant the holding of an 
adjudicative hearing pursuant to Sec. 3.13, shall have the burden of 
proof, but the proponent of any factual proposition shall be required to 
sustain the burden of proof with respect thereto.
    (b) Admissibility; exclusion of relevant evidence; mode and order of 
interrogation and presentation. (1) Relevant, material, and reliable 
evidence shall be admitted. Irrelevant, immaterial, and unreliable 
evidence shall be excluded. Evidence, even if relevant, may be excluded 
if its probative value is substantially outweighed by the danger of 
unfair prejudice, confusion of the issues, or if the evidence would be 
misleading, or by considerations of undue delay, waste of time, or 
needless presentation

[[Page 70]]

of cumulative evidence. The Administrative Law Judge shall exercise 
reasonable control over the mode and order of interrogating witnesses 
and presenting evidence so as to--
    (i) Make the interrogation and presentation effective for the 
ascertainment of the truth.
    (ii) Avoid needless consumption of time; and
    (iii) Protect witnesses from harassment or undue embarrassment.
    (2) As respondents are in the best position to determine the nature 
of documents generated by such respondents and which come from their own 
files, the burden of proof is on the respondent to introduce evidence to 
rebut a presumption that such documents are authentic and kept in the 
regular course of business. See Lenox, Inc., 73 F.T.C. 578, 603-04 
(1968).
    (c) Information obtained in investigations. Any documents, papers, 
books, physical exhibits, or other materials or information obtained by 
the Commission under any of its powers may be disclosed by counsel 
representing the Commission when necessary in connection with 
adjudicative proceedings and may be offered in evidence by counsel 
representing the Commission in any such proceeding.
    (d) Official notice. When any decision of an Administrative Law 
Judge or of the Commission rests, in whole or in part, upon the taking 
of official notice of a material fact not appearing in evidence of 
record, opportunity to disprove such noticed fact shall be granted any 
party making timely motion therefor.
    (e) Objections. Objections to evidence shall timely and briefly 
state the grounds relied upon, but the transcript shall not include 
argument or debate thereon except as ordered by the Administrative Law 
Judge. Rulings on all objections shall appear in the record.
    (f) Exceptions. Formal exception to an adverse ruling is not 
required.
    (g) Excluded evidence. When an objection to a question propounded to 
a witness is sustained, the questioner may make a specific offer of what 
he expects to prove by the answer of the witness, or the Administrative 
Law Judge may, in his discretion, receive and report the evidence in 
full. Rejected exhibits, adequately marked for identification, shall be 
retained in the record so as to be available for consideration by any 
reviewing authority.

[32 FR 8449, June 13, 1967; 32 FR 8711, June 17, 1967, as amended at 48 
FR 44766, Sept. 30, 1983; 61 FR 50650, Sept. 26, 1996; 66 FR 17629, Apr. 
3, 2001; 66 FR 20527, Apr. 23, 2001]