[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: 45CFR79.22]



[Page 290]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 79_PROGRAM FRAUD CIVIL REMEDIES--Table of Contents

 

Sec.  79.22  Exchange of witness lists, statements and exhibits.



    (a) At least 15 days before the hearing or at such other time as may 

be ordered by the ALJ, the parties shall exchange witness lists, copies 

of prior 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.  79.33(b). At the time the above documents are exchanged, any party 

that intends to rely on the transcript of deposition testimony in lieu 

of live testimony at the hearing, if permitted by the ALJ, shall provide 

each party with a copy of the specific pages of the transcript it 

intends to introduce into evidence.

    (b) If a party objects, the ALJ shall not admit into evidence the 

testimony of any witness whose name does not appear on the witness list 

or any exhibit not provided to the opposing party as provided above 

unless the ALJ finds good cause for the failure or that there is no 

prejudice to the objecting party.

    (c) Unless another party objects within the time set by the ALJ, 

documents exchanged in accordance with paragraph (a) of this section 

shall be deemed to be authentic for the purpose of admissibility at the 

hearing.