---
kind: "section"
citation: "43 C.F.R. § 4.1042"
title: "43"
number: "4.1042"
heading: "Who may testify?"
url: "https://uscodex.org/cfr/43/4.1042"
---

# §4.1042. Who may testify?

- (a) Except as provided in [paragraph (b)](#b) of this section, each party may present as witnesses the following persons only:
  - (1) Persons who qualify as expert witnesses; and
  - (2) OFA staff who participated in the preparation of the negative proposed finding, except that if the OFA employee is a senior Department employee, any party other than OFA must first obtain a subpoena for that employee under [§ 4.1035](/cfr/43/4.1035.md).
- (b) The ALJ may authorize testimony from witnesses in addition to those identified in [paragraph (a)](#a) of this section only under extraordinary circumstances.

## Notes

### Authority

Authority: 5 U.S.C. 301; 25 U.S.C. 2, 9, 479a-1.

### Source

Source: 80 FR 48459, Aug. 13, 2015, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 301, 503-504; 25 U.S.C. 9, 372-74, 410, 2201 et seq.; 43 U.S.C. 1201, 1457; Pub. L. 99-264, 100 Stat. 61, as amended.

### Source

Source: 36 FR 7186, Apr. 15, 1971, unless otherwise noted.