[Code of Federal Regulations]

[Title 42, Volume 4]

[Revised as of October 1, 2006]

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

[CITE: 42CFR1005.17]



[Page 1202-1203]

 

                         TITLE 42--PUBLIC HEALTH

 

      GENERAL--HEALTH CARE, DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

PART 1005_APPEALS OF EXCLUSIONS, CIVIL MONEY PENALTIES AND ASSESSMENTS--

 

Sec.  1005.17  Evidence.



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

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

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

Rules of Evidence where appropriate, for example, to exclude unreliable 

evidence.

    (c) The ALJ must exclude irrelevant or immaterial evidence.

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

value is substantially outweighed by the danger of unfair prejudice, 

confusion of the issues, or by considerations of undue



[[Page 1203]]



delay or needless presentation of cumulative evidence.

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

under Federal law.

    (f) Evidence concerning offers of compromise or settlement made in 

this action will be inadmissible to the extent provided in Rule 408 of 

the Federal Rules of Evidence.

    (g) Evidence of crimes, wrongs or acts other than those at issue in 

the instant case is admissible in order to show motive, opportunity, 

intent, knowledge, preparation, identity, lack of mistake, or existence 

of a scheme. Such evidence is admissible regardless of whether the 

crimes, wrongs or acts occurred during the statute of limitations period 

applicable to the acts which constitute the basis for liability in the 

case, and regardless of whether they were referenced in the IG's notice 

sent in accordance with Sec. Sec.  1001.2002, 1001.2003 or 1003.109.

    (h) The ALJ will permit the parties to introduce rebuttal witnesses 

and evidence.

    (i) All documents and other evidence offered or taken for the record 

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

the ALJ for good cause shown.

    (j) The ALJ may not consider evidence regarding the issue of 

willingness and ability to enter into and successfully complete a 

corrective action plan when such evidence pertains to matters occurring 

after the submittal of the case to the Secretary. The determination 

regarding the appropriateness of any corrective action plan is not 

reviewable.