10 CFR 13.34, Evidence

Evidence

a

(a) The ALJ shall determine the admissibility of evidence.

b

(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

(c) The ALJ shall exclude irrelevant and immaterial evidence.

d

(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

(e) Although relevant, evidence may be excluded if it is privileged under Federal law.

f

(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

(g) The ALJ shall permit the parties to introduce rebuttal witnesses and evidence.

h

(h) All documents and other evidence offered or taken for the record shall be open to examination by all parties, unless otherwise ordered by the ALJ pursuant to § 13.24.

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v t e Code of Federal Regulations
Title 10 Part 13 - PROGRAM FRAUD CIVIL REMEDIES
10 CFR: 1 2 4 5 7 9 10 11 12 13 14 15 16 19 20 21 25 26 30 31 32 33 34 35 36 37 39 40 50 51 52 54 55 60 61 62 63 70 71 72 73 74 75 76 81 95 100 140 150 160 170 171
1, Basis and purpose 2, Definitions 3, Basis for civil penalties and assessments 4, Investigation 5, Review by the reviewing official 6, Prerequisities for issuing a complaint 7, Complaint 8, Service of complaint 9, Answer 10, Default upon failure to file an answer 11, Referral of complaint and answer to the ALJ 12, Notice of hearing 13, Parties to the hearing 14, Separation of functions 15, Ex parte contacts 16, Disqualification of reviewing official or ALJ 17, Rights of parties 18, Authority of the ALJ 19, Prehearing conferences 20, Disclosure of documents 21, Discovery 22, Exchange of witness lists, statements, and exhibits 23, Subpoenas for attendance at hearing 24, Protective order 25, Fees 26, Filing and service of papers 27, Computation of time 28, Motions 29, Sanctions 30, The hearing and burden of proof 31, Determining the amount of penalties and assessments 32, Location of hearing 33, Witnesses 34, Evidence 35, The record 36, Post-hearing briefs 37, Initial decision 38, Reconsideration of initial decision 39, Appeal to authority head 40, Stays ordered by the Department of Justice 41, Stay pending appeal 42, Judicial review 43, Collection of civil penalties and assessments 44, Right to administrative offset 45, Deposit in Treasury of United States 46, Compromise or settlement 47, Limitations Appendices:

10 CFR 13.34, Evidence

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10 CFR 13.34, Evidence

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