---
kind: "section"
citation: "20 C.F.R. § 498.216"
title: "20"
number: "498.216"
heading: "Witnesses."
url: "https://uscodex.org/cfr/20/498.216"
---

# §498.216. Witnesses.

- (a) Except as provided in [paragraph (b)](#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. 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 will be exchanged as provided in [§ 498.208](/cfr/20/498.208.md).
- (c) The ALJ will exercise reasonable control over the mode and order of witness direct and cross examination and evidence presentation so as to:
  - (1) Make the examination and presentation effective for the ascertainment of the truth;
  - (2) Avoid repetition or needless waste of time; and
  - (3) **Protect witnesses from harassment or undue embarrassment.**
- (d) 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.

## Notes

### Amendments

[61 FR 65471, Dec. 13, 1996]

### Authority

Authority: Secs. 702(a)(5), 1129, and 1140 of the Social Security Act (42 U.S.C. 902(a)(5), 1320a-8, and 1320b-10).

### Source

Source: 60 FR 58226, Nov. 27, 1995, unless otherwise noted.

### Amendments

[61 FR 65471, Dec. 13, 1996]