24 C.F.R. § 26.23 Rules of evidence.
Title 24 - Housing and Urban Development
(a) Evidence. Every party shall have the right to present its case or defense by oral and documentary evidence, unless otherwise limited by law or regulation, to submit rebuttal evidence and to conduct such cross-examination as may be required for a full and true disclosure of the facts. Irrelevant, immaterial, privileged, or unduly repetitious evidence shall be excluded. Unless otherwise provided for in this part, the Federal Rules of Evidence shall provide guidance for the conduct of proceedings under this part. Parties may object to clearly irrelevant material, but technical objections to testimony as used in a court of law will not be sustained. (b) Testimony under oath or affirmation. All witnesses shall testify under oath or affirmation. (c) Objections. Objections to the admission or exclusion of evidence shall be in short form, stating the grounds of objections. Rulings on objections shall be a part of the transcript. Failure to object to admission or exclusion of evidence or to any evidentiary ruling shall be considered a waiver of objection, but no exception to a ruling on an objection is necessary in order to preserve it for appeal. (d) Authenticity of documents. Unless specifically challenged, it shall be presumed that all relevant documents are authentic. An objection to the authenticity of a document shall not be sustained merely on the basis that it is not the original. (e) Stipulations. The parties may stipulate as to any relevant matters of fact. Stipulations may be received in evidence at a hearing, and when received shall be binding on the parties with respect to the matters stipulated. (f) Official notice. All matters officially noticed by the hearing officer shall appear on the record. (g) Burden of proof. The burden of proof shall be upon the proponent of an action or affirmative defense unless otherwise provided by law or regulation.
Title 24: Housing and Urban Development
PART 26—HEARING PROCEDURES
Subpart A—Hearings Before Hearing Officers
Hearings
§ 26.23 Rules of evidence.
