6 CFR §13.33
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 Presiding Officer, testimony may be admitted in the form of a written Statement or deposition. 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 and deposition transcripts will be exchanged as provided in § 13.22(a).
- (c)The Presiding Officer will exercise reasonable control over the mode and order of interrogating witnesses and presenting evidence so as to:
- (d)The Presiding Officer will permit the parties to conduct such cross-examination as may be required for a full and true disclosure of the facts.
- (e)At the discretion of the Presiding Officer, a witness may be cross-examined on matters relevant to the proceeding without regard to the scope of his or her direct examination. To the extent permitted by the Presiding Officer, cross-examination on matters outside the scope of direct examination will be conducted in the manner of direct examination and may proceed by leading questions only if the witness is a hostile witness, an adverse party, or a witness identified with an adverse party.
- (f)Upon motion of any party, the Presiding Officer will order witnesses excluded so that they cannot hear the testimony of other witnesses. This rule 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;
- (3)An Individual whose presence is shown by a party to be essential to the presentation of its case, including an Individual employed by the Government engaged in assisting the Representative for the Government.