[Code of Federal Regulations]

[Title 45, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR1386.105]



[Page 355-356]

 

                        TITLE 45--PUBLIC WELFARE

 

CHAPTER XIII--OFFICE OF HUMAN DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH 

                           AND HUMAN SERVICES

 

PART 1386_FORMULA GRANT PROGRAMS--Table of Contents

 

  Subpart D_Practice and Procedure for Hearings Pertaining to States' 

 Conformity and Compliance With Developmental Disabilities State Plans, 

                    Reports and Federal Requirements

 

Sec. 1386.105  Evidence.



    (a) Testimony. Testimony by witnesses at the hearing is given orally 

under oath or affirmation. Witnesses



[[Page 356]]



must be available at the hearing for cross-examination by all parties.

    (b) Stipulations and exhibits. Two or more parties may agree to 

stipulations of fact. Such stipulations, or any exhibit proposed by any 

party, must be exchanged at the prehearing conference or at a different 

time prior to the hearing if the presiding officer requires it.

    (c) Rules of evidence. Technical rules of evidence do not apply to 

hearings conducted pursuant to this subpart, but rules or principles 

designed to assure production of the most credible evidence available 

and to subject testimony to test by cross-examination are applied where 

reasonably necessary by the presiding officer. A witness may be cross-

examined on any matter material to the proceeding without regard to the 

scope of his or her direct examination. The presiding officer may 

exclude irrelevant, immaterial, or unduly repetitious evidence. All 

documents and other evidence offered or taken for the record is open to 

examination by the parties and opportunity must be given to refute facts 

and arguments advanced on either side of the issues.