[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: 45CFR73b.5]



[Page 206-207]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 73b_DEBARMENT OR SUSPENSION OF FORMER EMPLOYEES--Table of Contents

 

Sec.  73b.5  Hearings.



    (a) Hearings shall be stenographically recorded and transcribed and 

the testimony of witnesses shall be taken under oath or affirmation. 

Hearings will be closed unless an open hearing is requested by the 

respondent, except that if classified information or protected 

information of third parties is likely to be adduced at the hearing, it 

will remain closed. If either party to the proceeding fails to appear at 

the hearing, after due notice thereof has been sent to him/her, he/she 

shall be deemed to have waived the right to a hearing and the 

administrative law judge may make a decision on the basis of the record 

before him/her at that time.

    (b) The rules of evidence prevailing in courts of law and equity are 

not controlling in hearings under this part. However, the administrative 

law judge



[[Page 207]]



shall exclude evidence which is irrelevant, immaterial, or unduly 

repetitious.

    (c) Depositions for use at a hearing may, with the consent of the 

parties in writing or the written approval of the administrative law 

judge be taken by either the Assistant General Counsel or the respondent 

or their duly authorized representatives. Depositions may be taken upon 

oral or written interrogatories. There shall be at least 10 days written 

notice to the other party. The requirement of a 10-day written notice 

may be waived by the parties in writing. When a deposition is taken upon 

written interrogatories, any cross-examination shall be upon written 

interrogatories. Copies of such written interrogatories shall be served 

upon the other party with the notice, and copies of any written cross-

interrogation shall be mailed or delivered to the opposing party at 

least 5 days before the date of taking the depositions, unless the 

parties mutually agree otherwise. Expenses in the reporting of 

depositions shall be borne by the party at whose instance the deposition 

is taken.