20 CFR 498.216 - Witnesses.

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§ 498.216 Witnesses.

(a) Except as provided in paragraph (b) of this section, testimony at the hearing will be given orally by witnesses under oath or affirmation.

(b) At the discretion of the ALJ, testimony (other than expert testimony) may be admitted in the form of a written statement. Any such written statement must be provided to all other parties along with the last known address of such witness, in a manner that 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 will be exchanged as provided in § 498.208.

(c) The ALJ will exercise reasonable control over the mode and order of witness direct and cross examination and evidence presentation so as to:

(1) Make the examination and presentation effective for the ascertainment of the truth;

(2) Avoid repetition or needless waste of time; and

(3) Protect witnesses from harassment or undue embarrassment.

(d) The ALJ may order witnesses excluded so that they cannot hear the testimony of other witnesses. This 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 as 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 engaged in assisting the attorney for the Inspector General.

[ 61 FR 65471, Dec. 13, 1996]

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United States Code

Title 20 published on 2015-11-18

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 20 CFR Part 498 after this date.

  • 2016-06-27; vol. 81 # 123 - Monday, June 27, 2016
    1. 81 FR 41438 - Penalty Inflation Adjustments for Civil Money Penalties
      GPO FDSys XML | Text
      SOCIAL SECURITY ADMINISTRATION
      Interim Final Rule.
      This interim final rule is effective on August 1, 2016.
      20 CFR Part 498
The section you are viewing is cited by the following CFR sections.

Title 20 published on 2015-11-18.

The following are only the Rules published in the Federal Register after the published date of Title 20.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2016-06-27; vol. 81 # 123 - Monday, June 27, 2016
    1. 81 FR 41438 - Penalty Inflation Adjustments for Civil Money Penalties
      GPO FDSys: XML | Text
      SOCIAL SECURITY ADMINISTRATION
      Interim Final Rule.
      This interim final rule is effective on August 1, 2016.
      20 CFR Part 498