[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: 34CFR33.34]



[Page 83-84]

 

                           TITLE 34--EDUCATION

 

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

 

Sec.  33.34  Evidence.



    (a) The ALJ shall determine the admissibility of evidence.

    (b) Except as provided in this part, the ALJ is not bound by the 

Federal Rules of Evidence. However, the ALJ may apply the Federal Rules 

of Evidence if appropriate, e.g., to exclude unreliable evidence.

    (c) The ALJ shall exclude irrelevant and immaterial evidence.

    (d) Although relevant, evidence may be excluded if its probative 

value is substantially outweighted by the danger of unfair prejudice, 

confusion of the issues, or by considerations of undue delay or needless 

presentation of cumulative evidence.

    (e) Although relevant, evidence may be excluded if it is privileged 

under Federal law.

    (f) Evidence concerning offers of compromise or settlement are 

inadmissible



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to the extend provided in Rule 408 of the Federal Rules of Evidence.

    (g) The ALJ shall permit the parties to introduce rebuttal witnesses 

and evidence.

    (h) All Documents and other evidence offered or taken for the record 

must be open to examination by all parties, unless otherwise ordered by 

the ALJ pursuant to Sec.  33.24.



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