16.33—Witnesses.
(a)
Except as provided in paragraph (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. 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 §
16.22(a).
(c)
The ALJ shall exercise reasonable control
over the mode and order of interrogating witnesses
and presenting evidence so as to—
(d)
The ALJ 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 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 permited by
the ALJ, 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 ALJ shall
order witnesses excluded so that they cannot hear
the testimony of other witnesses. This rule does
not authorize exclusion of—
(2)
In the case of a party that is not an
individual, an officer or employee of the party
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.