---
kind: "section"
citation: "42 C.F.R. § 1005.16"
title: "42"
number: "1005.16"
heading: "Witnesses."
url: "https://uscodex.org/cfr/42/1005.16"
---

# §1005.16. 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. The ALJ may, at his or her discretion, admit prior sworn testimony of experts which has been subject to adverse examination, such as a deposition or trial testimony. Any such written statement must be provided to all other parties along with the last known address of such witnesses, 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 [§ 1005.8](/cfr/42/1005.8.md).
- (c) The ALJ will 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 repetition or needless consumption of time, and
  - (3) **Protect witnesses from harassment or undue embarrassment.**
- (d) The ALJ will permit the parties to conduct such cross-examination of witnesses as may be required for a full and true disclosure of the facts.
- (e) 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 IG.

## Notes

### Amendments

[57 FR 3350, Jan. 29, 1992, as amended at 67 FR 11936, Mar. 18, 2002]

### Authority

Authority: 42 U.S.C. 405(a), 405(b), 1302, 1320a-7, 1320a-7a and 1320c-5.

### Source

Source: 57 FR 3350, Jan. 29, 1992, unless otherwise noted.

### Amendments

[57 FR 3350, Jan. 29, 1992, as amended at 67 FR 11936, Mar. 18, 2002]