[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: 34CFR33.33]



[Page 83]

 

                           TITLE 34--EDUCATION

 

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

 

Sec.  33.33  Witnesses.



    (a) Except as provided in paragraph (b) of this section, testimony 

at the hearing must be given orally by witnesses under oath or 

affirmation.

    (b) At the discretion of the ALJ, testimony may be admitted in the 

form of a written statement or deposition. Any such written statement 

must be provided to all other parties along with the last known address 

of the witness, in a manner that allows sufficient time for other 

parties to subpoena the witness for cross-examination at the hearing. 

Prior written statements of witnesses proposed to testify at the hearing 

and deposition transcripts must be exchanged as provided in Sec.  

33.22(a).

    (c) The ALJ shall exercise reasonable control over the mode and 

order of interrogating witnesses and presenting evidence so as to:

    (1) Make the interrogation and presentation effective for the 

ascertainment of the truth;

    (2) Avoid needless consumption of time; and

    (3) Protect witnesses from harassment or undue embarrassment.

    (d) The ALJ shall permit the parties to conduct such cross-

examination as may be required for a full and true disclosure of the 

facts.

    (e) At the discretion of the ALJ, a witness may be cross-examined on 

matters relevant to the proceeding without regard to the scope of his or 

her direct examination. To the extent permitted by the ALJ, cross-

examination on matters outside the scope of direct examination must be 

conducted in the manner of direct examination and may proceed by leading 

questions only if the witness is a hostile witness, an adverse party, or 

a witness identified with an adverse party.

    (f) Upon motion of any party, the ALJ shall order witnesses excluded 

so that they cannot hear the testimony of other witnesses. This rule 

does not authorize exclusion of--

    (1) A party who is an individual;

    (2) In the case of a party that is not an individual, an officer or 

employee of the party appearing for the party pro se or designated by 

the party's representative; or

    (3) An individual whose presence is shown by a party to be essential 

to the presentation of its case, including an individual employed by the 

Government engaged in assisting the representative for the Government.



(Authority: 31 U.S.C. 3803(g)(2)(E); 3809))