[Code of Federal Regulations]

[Title 40, Volume 24]

[Revised as of July 1, 2006]

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

[CITE: 40CFR209.26]



[Page 166-167]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 209_RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE NOISE CONTROL 

ACT OF 1972--Table of Contents

 

 Subpart A_Rules of Practice Governing Hearings for Orders Issued Under 

                 Section 11(d) of the Noise Control Act

 

Sec.  209.26  Evidence.



    (a) The official transcripts and exhibits, together with all papers 

and requests filed in the proceeding, shall constitute the record. 

Evidence may be received at the hearing even though inadmissible under 

the rules of evidence applicable to judicial proceedings, provided it is 

relevant, competent and material and not unduly repetitious. Immaterial 

or irrelevant parts of an admissible document shall be segregated and 

excluded so far as practicable. The weight to be given evidence shall be 

determined by its reliability and probative value.

    (b) Witnesses shall be examined orally, under oath or affirmation, 

except as otherwise provided in these rules of practice or by the 

administrative law judge. Parties shall have the right to cross-examine 

a witness who appears at the hearing provided that such cross-

examination is not unduly repetitious.



[[Page 167]]



    (c) Rulings of the administrative law judge on the admissibility of 

evidence, the propriety of examination and cross-examination and other 

procedural matters shall appear in the record.

    (d) Parties shall automatically be presumed to have taken exception 

to an adverse ruling.