[Code of Federal Regulations]

[Title 45, Volume 3]

[Revised as of October 1, 2005]

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

[CITE: 45CFR672.15]



[Page 238-239]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VI--NATIONAL SCIENCE FOUNDATION

 

PART 672_ENFORCEMENT AND HEARING PROCEDURES--Table of Contents

 

Sec. 672.15  Evidence.



    (a) General. The Presiding Officer shall admit all evidence which is 

not irrelevant, immaterial, unduly repetitious, or otherwise unreliable 

or of little probative value. Notwithstanding the preceding sentence, 

evidence relating to settlement which would be excluded in the federal 

courts under Ru1e 408 of the Federal Rules of Evidence is inadmissible. 

In the presentation, admission, disposition, and use of evidence, the 

Presiding Officer shall preserve the confidentiality of trade secrets 

and other commercial and financial information. The confidential or 

trade secret status of any information shall not, however, preclude its 

introduction into evidence. The Presiding Officer may review such 

evidence in camera, and issue appropriate protective orders.

    (b) Examination of witnesses. Parties shall examine witnesses 

orally, under oath or affirmation, except as otherwise provided in these 

rules or by the Presiding Officer. Parties shall have the right to 

cross-examine a witness who appears at the hearing.

    (c) Verified statements. The Presiding Officer may admit into the 

record as evidence, in lieu of oral testimony, statements of fact or 

opinion prepared



[[Page 239]]



by a witness. The admissibility of the evidence contained in the 

statement shall be subject to the same rules as if the testimony were 

produced under oral examination. Before any such statement is read or 

admitted into evidence, the witness shall deliver a copy of the 

statement to the Presiding Officer, the reporter, and opposing counsel. 

The witness presenting the statement shall swear to or affirm the 

statement and shall be subject to appropriate oral cross-examination.

    (d) Admission of affidavits where the witness is unavailable. The 

Presiding Officer may admit into evidence affidavits of witnesses who 

are ``unavailable,'' within the meaning of that term under Rule 804(a) 

of the Federal Rules of Evidence.

    (e) Exhibits. Where practicable, an original and one copy of each 

exhibit shall be filed with the Presiding Officer for the record and a 

copy shall be furnished to each party. A true copy of any exhibit may be 

substituted for the original.

    (f) Official notice. Official notice may be taken of any matter 

judicially noticeable in the Federal courts and of other facts within 

the specialized knowledge and experience of the Agency. Opposing parties 

shall be given adequate opportunity to show that such facts are 

erroneously noticed.