---
kind: "section"
citation: "24 C.F.R. § 26.46"
title: "24"
number: "26.46"
heading: "Witnesses."
url: "https://uscodex.org/cfr/24/26.46"
---

# §26.46. Witnesses.

- (a) Except as provided in [paragraph (b)](#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. In order to be admissible, any written statement must be provided to all other parties along with the last known address of the witness, in a manner that allows sufficient time for other parties to subpoena the witness for cross-examination at the hearing.

## Notes

### Authority

Authority: 42 U.S.C. 3535(d).

### Source

Source: 73 FR 76833, Dec. 17, 2008, unless otherwise noted.
