[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 45CFR160.518]



[Page 720-721]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 160_GENERAL ADMINISTRATIVE REQUIREMENTS--Table of Contents

 

                    Subpart E_Procedures for Hearings

 

Sec.  160.518  Exchange of witness lists, witness statements, and exhibits.



    (a) The parties must 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



[[Page 721]]



in lieu of live testimony in accordance with Sec.  160.538, not more 

than 60, and not less than 15, days before the scheduled hearing, except 

that if a respondent intends to introduce the evidence of a statistical 

expert, the respondent must provide the Secretarial party with a copy of 

the statistical expert's report not less than 30 days before the 

scheduled hearing.

    (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 must determine whether the failure to comply with paragraph (a) 

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

    (2) Unless the ALJ finds that extraordinary circumstances justified 

the failure timely to 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 that evidence would 

cause substantial prejudice to the objecting party.

    (i) If the ALJ finds that there is no substantial prejudice, the 

evidence may be admitted.

    (ii) If the ALJ finds that there is substantial prejudice, the ALJ 

may exclude the evidence, or, if he or she does not exclude the 

evidence, must postpone the hearing for such time as is necessary for 

the objecting party to prepare and respond to the evidence, unless the 

objecting party waives postponement.

    (c) Unless the other party objects within a reasonable period of 

time before 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.