[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: 42CFR1005.8]



[Page 1199-1200]

 

                         TITLE 42--PUBLIC HEALTH

 

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

 

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

 

Sec.  1005.8  Exchange of witness lists, witness statements and exhibits.



    (a) At least 15 days before the hearing, the ALJ will order the 

parties to exchange witness lists, copies of prior written statements of 

proposed witnesses and copies of proposed hearing exhibits, including 

copies of any written statements that the party intends to offer in lieu 

of live testimony in accordance with Sec.  1005.16.

    (b) (1) If at any time a party objects to the proposed admission of 

evidence not exchanged in accordance with paragraph (a) of this section, 

the ALJ will determine whether the failure to comply with paragraph (a) 

of this section should result in the exclusion of such evidence.

    (2) Unless the ALJ finds that extraordinary circumstances justified 

the failure to timely exchange the information listed under paragraph 

(a) of this section, the ALJ must exclude from the party's case-in-

chief:

    (i) The testimony of any witness whose name does not appear on the 

witness list, and

    (ii) Any exhibit not provided to the opposing party as specified in 

paragraph (a) of this section.

    (3) If the ALJ finds that extraordinary circumstances existed, the 

ALJ must then determine whether the admission of such evidence would 

cause substantial prejudice to the objecting



[[Page 1200]]



party. If the ALJ finds that there is no substantial prejudice, the 

evidence may be admitted. If the ALJ finds that there is substantial 

prejudice, the ALJ may exclude the evidence, or at his or her 

discretion, may postpone the hearing for such time as is necessary for 

the objecting party to prepare and respond to the evidence.

    (c) Unless another party objects within a reasonable period of time 

prior to the hearing, documents exchanged in accordance with paragraph 

(a) of this section will be deemed to be authentic for the purpose of 

admissibility at the hearing.