28 CFR 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.
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.
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.