[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: 45CFR81.75]



[Page 328]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 81_PRACTICE AND PROCEDURE FOR HEARINGS UNDER PART 80 OF THIS 

TITLE--Table of Contents

 

                      Subpart H_Hearing Procedures

 

Sec.  81.75  Affidavits.



    An affidavit is; not inadmissible as such. Unless the presiding 

officer fixes other time periods affidavits shall be filed and served on 

the parties not later than 15 days prior to the hearing; and not less 

than 7 days prior to hearing a party may file and serve written 

objection to any affidavit on the ground that he believes it necessary 

to test the truth of assertions therein at hearing. In such event the 

assertions objected to will not be received in evidence unless the 

affiant is made available for cross-examination, or the presiding 

officer determines that cross-examination is not necessary for the full 

and true disclosure of facts referred to in such assertions. 

Notwithstanding any objection, however, affidavits may be considered in 

the case of any respondent who waives a hearing.