---
kind: "section"
citation: "40 C.F.R. § 27.33"
title: "40"
number: "27.33"
heading: "Witnesses."
url: "https://uscodex.org/cfr/40/27.33"
---

# §27.33. 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 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 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 [§ 27.22(a)](/cfr/40/27.22.md?p=a).
- (c) The presiding officer shall exercise reasonable control over the mode and order of interrogating witnesses and presenting evidence so as to:
  - (1) Make the interrogation and presentation effective for the ascertainment of the truth,
  - (2) Avoid needless consumption of time, and
  - (3) **Protect witnesses from harassment or undue embarrassment.**
- (d) The presiding officer shall 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 shall 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 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 empoyee of the party appearing for the entity pro se or designated by 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 employed by the Government engaged in assisting the representative for the Government.

## Notes

### Authority

Authority: 31 U.S.C. 3801-3812; Pub. L. 101-410, 104 Stat. 890, 28 U.S.C. 2461 note; Pub. L. 104-134, 110 Stat. 1321, 31 U.S.C. 3701 note.

### Source

Source: 53 FR 15182, Apr. 27, 1988, unless otherwise noted.