[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

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

[CITE: 34CFR33.22]



[Page 79]

 

                           TITLE 34--EDUCATION

 

PART 33_PROGRAM FRAUD CIVIL REMEDIES ACT--Table of Contents

 

Sec.  33.22  Exchange of witness lists, statements and exhibits.



    (a) At least 15 days before the hearing or at such other time as may 

be ordered by the ALJ, the parties shall exchange witness lists, copies 

of prior statements of proposed witnesses, and copies of proposed 

hearing exhibits, including copies of any written statements that the 

party intends to offer in lieu of live testimony in accordance with 

Sec.  33.33(b). At the time these documents are exchanged, any party 

that is permitted by the ALJ to rely on the transcript of deposition 

testimony in lieu of live testimony at the hearing, shall provide each 

other party with a copy of the specific pages of the transcript it 

intends to introduce.

    (b) If a party objects, the ALJ shall not admit into evidence the 

testimony of any witness whose name does not appear on the witness list 

or any exhibit not provided to the opposing party as provided in 

paragraph (a) of this Section unless the ALJ finds good cause for the 

failure or that there is no prejudice to the objecting party.

    (c) Unless another party objects within the time set by the ALJ, 

documents exchanged in accordance with paragraph (a) of this section are 

deemed to be authentic for the purpose of admissibility at the hearing.



(Authority: 31 U.S.C. 3803(g)(2))