TITLE 7 - AGRICULTURE

SUBTITLE A - OFFICE OF THE SECRETARY OF AGRICULTURE

PART 1 - ADMINISTRATIVE REGULATIONS

subpart l - PROCEDURES RELATED TO ADMINISTRATIVE HEARINGS UNDER THE PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986

1.332 - Evidence.

  (a) The ALJ shall determine the admissibility of evidence.

  (b) Except as provided herein, the Federal Rules of Evidence are not applicable to the hearing, except that the ALJ may in his discretion apply the Federal Rules of Evidence in order to assure production of credible evidence.

  (c) The ALJ shall exclude irrelevant and immaterial evidence.

  (d) Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or by considerations of undue delay or needless presentation of cumulative evidence.

  (e) Although relevant, evidence may be excluded if it is privileged under Federal law.

  (f) Evidence concerning offers of compromise or settlement shall be inadmissible to the extent provided in Rule 408 of the Federal Rules of Evidence.

  (g) The ALJ shall permit the parties to introduce rebuttal witnesses and evidence.

  (h) All documents and other evidence offered or taken for the record shall be open to examination by all parties unless otherwise ordered by the ALJ pursuant to 1.322 of this part.