50 CFR §228.18
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (a)The presiding officer may:
- (1)Require the cross-examiner to outline the intended scope of the cross-examination;
- (2)Prohibit parties from cross-examining witnesses unless the presiding officer has determined that the cross-examiner has an adverse interest on the facts at issue to the party-witness or the party presenting the witness. For the purposes of this subsection, the Assistant Administrator's or his or her representative's interest shall be considered adverse to all parties;
- (3)Limit the number of times any party or parties having a common interest may cross-examine an “adverse” witness on the same matter; and
- (4)Exclude cross-examination questions that are immaterial, irrelevant or unduly repetitious.
- (b)Any party shall be given an opportunity to appear, either in person or through an authorized counsel or representative, to cross-examine witnesses. Before cross-examining a witness, the party or counsel shall state his or her name, address and occupation. If counsel cross-examines the witness, counsel shall state for the record the authority to act as counsel. Cross-examiners shall be assumed to be familiar with the direct testimony.
- (c)Any party or party's counsel who fails to appear at the hearing to cross-examine an “adverse” witness shall be deemed to have waived the right to cross-examine that witness.
- (d)Scientific, technical or commercial publications may only be utilized for the limited purposes of impeaching witnesses under cross-examination unless previously submitted and introduced in accordance with these regulations.