32 CFR §200.2016
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (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. The ALJ may, at his or her discretion, admit prior sworn testimony of experts which has been subject to adverse examination, such as a deposition or trial testimony. Any such written statement must be provided to all other parties along with the last known address of such witnesses, 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 § 200.2008.
- (c)The ALJ will exercise reasonable control over the mode and order of interrogating witnesses and presenting evidence so as to:
- (d)The ALJ will permit the parties to conduct such cross-examination of witnesses as may be required for a full and true disclosure of the facts.
- (e)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 (IG).