[Code of Federal Regulations]

[Title 14, Volume 1]

[Revised as of January 1, 2006]

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

[CITE: 14CFR16.223]



[Page 97-98]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION

 

PART 16_RULES OF PRACTICE FOR FEDERALLY-ASSISTED AIRPORT ENFORCEMENT 

PROCEEDINGS--Table of Contents

 

                           Subpart F_Hearings

 

Sec. 16.223  Evidence.



    (a) General. A party may submit direct and rebuttal evidence in 

accordance with this section.

    (b) Requirement for written testimony and evidence. Except in the 

case of evidence obtained by subpoena, or in the case of a special 

ruling by the hearing officer to admit oral testimony, a party's direct 

and rebuttal evidence shall be submitted in written form in advance of 

the oral hearing pursuant to the schedule established in the hearing 

officer's prehearing conference report. Written direct and rebuttal fact 

testimony shall be certified by the witness as true and correct. Subject 

to the same exception (for evidence obtained by subpoena or subject to a 

special ruling by the hearing officer), oral examination of a party's 

own witness is limited to certification of the accuracy of written 

evidence, including correction and updating, if necessary, and 

reexamination following cross-examination by other parties.

    (c) Subpoenaed testimony. Testimony of witnesses appearing under 

subpoena may be obtained orally.

    (d) Cross-examination. A party may conduct cross-examination that 

may be required for disclosure of the facts, subject to control by the 

hearing officer for fairness, expedition and exclusion of extraneous 

matters.



[[Page 98]]



    (e) Hearsay evidence. Hearsay evidence is admissible in proceedings 

governed by this part. The fact that evidence is hearsay goes to the 

weight of evidence and does not affect its admissibility.

    (f) Admission of evidence. The hearing officer admits evidence 

introduced by a party in support of its case in accordance with this 

section, but may exclude irrelevant, immaterial, or unduly repetitious 

evidence.

    (g) Expert or opinion witnesses. An employee of the FAA or DOT may 

not be called as an expert or opinion witness for any party other than 

the agency except as provided in Department of Transportation 

regulations at 49 CFR part 9.