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Presentation of Evidence

Pursuant to 5 USCS § 556, an administrative law judge is authorized to regulate the course of a hearing.   An administrative judge has broad discretion to allow or exclude witness testimony.[i]  Moreover, the judge has the power to sequestrate witnesses to ensure that witnesses provide testimony without being influenced by the testimony of prior witnesses.  According to Model State Administrative Procedure Act (1981) all testimony of parties and witnesses must be made under oath or affirmation.  The Federal Administrative Procedure Act also states that the officer proceeding at the hearing may administer oath or affirmation.

 [i] Guise v. DOJ, 330 F.3d 1376 (Fed. Cir. 2003)

Inside Presentation of Evidence