---
kind: "section"
citation: "45 C.F.R. § 1149.50"
title: "45"
number: "1149.50"
heading: "How is witness testimony presented?"
url: "https://uscodex.org/cfr/45/1149.50"
---

# §1149.50. How is witness testimony presented?

- (a) Except as provided in [paragraph (b)](#b) of this section, testimony at the hearing must 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.
  - (1) Any such 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 the witness for cross-examination at the hearing.
  - (2) Prior written statements of witnesses proposed to testify at the hearing and deposition transcripts must be exchanged.
- (c) The ALJ must 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 ascertaining the truth;
  - (2) Avoid needless consumption of time; and
  - (3) **Protect witnesses from harassment and undue embarrassment.**
- (d) The ALJ must 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 ALJ, 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 ALJ, cross-examination on matters outside the scope of direct examination must be conducted in the manner of direct examination. Leading questions may be used only if the witness is a hostile witness, an adverse party, or a witness identified with an adverse party.

## Notes

### Authority

Authority: 5 U.S.C. App. 8G(a)(2); 20 U.S.C. 959; 28 U.S.C. 2461 note; 31 U.S.C. 3801-3812.

### Source

Source: 79 FR 67081, Nov. 12, 2014, unless otherwise noted.