[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: 45CFR79.34]



[Page 294]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 79_PROGRAM FRAUD CIVIL REMEDIES--Table of Contents

 

Sec.  79.34  Evidence.



    (a) The ALJ shall determine the admissibility of evidence.

    (b) Except as provided in this part, the ALJ shall not be bound by 

the Federal Rules of Evidence. However, the ALJ may apply the Federal 

Rules of Evidence where appropriate, e.g., to exclude unreliable 

evidence.

    (c) The ALJ shall exclude irrelevant and immaterial evidence.

    (d) Although relevant, evidence may be excluded if its probative 

value is substantially outweighed by the danger of unfair prejudice, 

confusion of the issues, or by considerations of undue delay or needless 

presentation of cumulative evidence.

    (e) Although relevant, evidence may be excluded if it is privileged 

under Federal law.

    (f) Evidence concerning offers of compromise or settlement shall be 

inadmissible to the extent provided in Rule 408 of the Federal Rules of 

Evidence.

    (g) The ALJ shall permit the parties to introduce rebuttal witnesses 

and evidence.

    (h) All documents and other evidence offered or taken for the record 

shall be open to examination by all parties, unless otherwise ordered by 

the ALJ pursuant to Sec.  79.24.