[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

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

[CITE: 24CFR26.23]



[Page 286-287]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 26_HEARING PROCEDURES--Table of Contents

 

               Subpart A_Hearings Before Hearing Officers

 

Sec.  26.23  Rules of evidence.



    (a) Evidence. Every party shall have the right to present its case 

or defense by oral and documentary evidence, unless otherwise limited by 

law or regulation, to submit rebuttal evidence and



[[Page 287]]



to conduct such cross-examination as may be required for a full and true 

disclosure of the facts. Irrelevant, immaterial, privileged, or unduly 

repetitious evidence shall be excluded.



Unless otherwise provided for in this part, the Federal Rules of 

Evidence shall provide guidance for the conduct of proceedings under 

this part. Parties may object to clearly irrelevant material, but 

technical objections to testimony as used in a court of law will not be 

sustained.

    (b) Testimony under oath or affirmation. All witnesses shall testify 

under oath or affirmation.

    (c) Objections. Objections to the admission or exclusion of evidence 

shall be in short form, stating the grounds of objections. Rulings on 

objections shall be a part of the transcript. Failure to object to 

admission or exclusion of evidence or to any evidentiary ruling shall be 

considered a waiver of objection, but no exception to a ruling on an 

objection is necessary in order to preserve it for appeal.

    (d) Authenticity of documents. Unless specifically challenged, it 

shall be presumed that all relevant documents are authentic. An 

objection to the authenticity of a document shall not be sustained 

merely on the basis that it is not the original.

    (e) Stipulations. The parties may stipulate as to any relevant 

matters of fact. Stipulations may be received in evidence at a hearing, 

and when received shall be binding on the parties with respect to the 

matters stipulated.

    (f) Official notice. All matters officially noticed by the hearing 

officer shall appear on the record.

    (g) Burden of proof. The burden of proof shall be upon the proponent 

of an action or affirmative defense unless otherwise provided by law or 

regulation.