7 CFR §1.331
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 shall be given orally by witnesses under oath or affirmation.
- (b)At the discretion of the ALJ, 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 which 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 shall be exchanged as provided in § 1.322(g) of this part.
- (c)The ALJ shall permit the parties to conduct such cross-examination as may be required for a full and true disclosure of the facts.
- (d)A witness may be cross-examined on any matter relevant to the proceeding without regard to the scope of his or her direct examination.
- (e)Upon motion of any party, the ALJ shall 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 designated by the representative; or
- (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 USDA engaged in assisting the representative for USDA.