[Code of Federal Regulations]

[Title 40, Volume 23]

[Revised as of July 1, 2006]

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

[CITE: 40CFR179.93]



[Page 288-289]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 179_FORMAL EVIDENTIARY PUBLIC HEARING--Table of Contents

 

                      Subpart E_Hearing Procedures

 

Sec.  179.93  Testimony.



    (a) The presiding officer will conduct such proceedings as are 

necessary for the taking of oral direct testimony and for the conduct of 

oral examination of witnesses by the parties. The presiding officer 

shall limit oral examination to prevent irrelevant, immaterial or unduly 

repetitious examination.

    (b) Direct testimony shall be submitted in writing, except that the 

presiding officer may order direct testimony to be presented orally in 

those unusual cases where the memory or demeanor of the witness is of 

importance. Written direct testimony shall be in the form of a verified 

statement of fact or opinion prepared by the witness, in narrative form 

or in question-and-answer form. Written direct testimony may incorporate 

exhibits. Such a



[[Page 289]]



verified statement or exhibit may not be admitted into evidence sooner 

than 14 days (or such other reasonable period as the presiding officer 

may order) after the witness has delivered to the presiding officer and 

each party a copy of the statement or exhibit. The admissibility of the 

evidence contained in such a statement is subject to the same rules as 

if such testimony had been given orally.

    (c) Oral cross-examination of witnesses will be permitted. Each 

exhibit that a party intends to rely upon in cross-examining a witness 

shall be furnished to the other parties not later than 3 days (or such 

other reasonable period as the presiding officer may order) before such 

exhibit is used in the cross-examination.

    (d) Witnesses shall give testimony under oath or affirmation.