[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: 45CFR79.33]



[Page 293-294]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 79_PROGRAM FRAUD CIVIL REMEDIES--Table of Contents

 

Sec.  79.33  Witnesses.



    (a) Except as provided in paragraph (b) of this section, testimony 

at the hearing shall be given orally by witnesses under oath or 

affirmation.

    (b) At the discretion of the ALJ, testimony may be admitted in the 

form of a written statement or deposition. Any such written statement 

must be provided to all other parties along with the last known address 

of such witness, in a manner which allows sufficient time for other 

parties to subpoena such witness for cross-examination at the hearing. 

Prior written statements of witnesses proposed to testify at the hearing 

and deposition transcripts shall be exchanged as provided in Sec.  

79.22(a).

    (c) The ALJ shall exercise reasonable control over the mode and 

order of interrogating witnesses and presenting evidence so as to (1) 

make the interrogation and presentation effective for the ascertainment 

of the truth, (2) avoid needless consumption of time, and (3) protect 

witnesses from harassment or undue embarrassment.

    (d) The ALJ shall permit the parties to conduct such cross-

examination as may be required for a full and true disclosure of the 

facts.

    (e) At the discretion of the ALJ, a witness may be cross-examined on 

matters relevant to the proceeding without regard to the scope of his or 

her direct examination. To the extent permitted



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by the ALJ, cross-examination on matters outside the scope of direct 

examination shall be conducted in the manner of direct examination and 

may proceed by leading questions only if the witness is a hostile 

witness, an adverse party, or a witness identified with an adverse 

party.

    (f) Upon motion of any party, the ALJ shall order witnesses excluded 

so that they cannot hear the testimony of other witnesses. This rule 

does not authorize exclusion of--

    (1) A party who is an individual;

    (2) In the case of a party that is not an individual, an officer or 

employee of the party appearing for the entity pro se or designated by 

the party's representative; or

    (3) An individual whose presence is shown by a party to be essential 

to the presentation of its case, including an individual employed by the 

Government engaged in assisting the representative for the Government.