28 CFR 71.34 - Evidence.

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There is 1 Update appearing in the Federal Register for 28 CFR Part 71. View below or at eCFR (GPOAccess)
§ 71.34 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 § 71.24.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
Statutes at Large

Title 28 published on 2015-11-24

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 28 CFR Part 71 after this date.

  • 2016-06-30; vol. 81 # 126 - Thursday, June 30, 2016
    1. 81 FR 42491 - Civil Monetary Penalties Inflation Adjustment
      GPO FDSys XML | Text
      DEPARTMENT OF JUSTICE
      Interim final rule with request for comments.
      Effective date: This rule is effective August 1, 2016. Public comments: Written comments must be postmarked and electronic comments must be submitted on or before August 29, 2016. Commenters should be aware that the electronic Federal Docket Management System (FDMS) will accept comments submitted prior to Midnight Eastern Time on the last day of the comment period.
      28 CFR Parts 20, 22, 36, 68, 71, 76, and 85

Title 28 published on 2015-11-24.

The following are only the Rules published in the Federal Register after the published date of Title 28.

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

  • 2016-06-30; vol. 81 # 126 - Thursday, June 30, 2016
    1. 81 FR 42491 - Civil Monetary Penalties Inflation Adjustment
      GPO FDSys: XML | Text
      DEPARTMENT OF JUSTICE
      Interim final rule with request for comments.
      Effective date: This rule is effective August 1, 2016. Public comments: Written comments must be postmarked and electronic comments must be submitted on or before August 29, 2016. Commenters should be aware that the electronic Federal Docket Management System (FDMS) will accept comments submitted prior to Midnight Eastern Time on the last day of the comment period.
      28 CFR Parts 20, 22, 36, 68, 71, 76, and 85