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February 23, 2009   
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CFR  

Code of Federal Regulations Pertaining to U.S. Department of Labor

Title 29  

Labor

 

Chapter I  

Office of the Secretary of Labor

 

 

Part 18  

Rules of Practice and Procedure for Administrative Hearings Before the Office of Administrative Law Judges

 

 

 

Subpart B  

Rules of Evidence


29 CFR 18.806 - Attacking and supporting credibility of declarant.

  • Section Number: 18.806
  • Section Name: Attacking and supporting credibility of declarant.

    When a hearsay statement, or a statement defined in 


Sec. 18.801(d)(2), (iii), (iv), or (v), has been admitted in evidence, 


the credibility of the declarant may be attacked, and if attacked may be 


supported, by any evidence which would be admissible for those purposes 


if declarant had testified as a witness. Evidence of a statement or 


conduct by the declarant at any time, inconsistent with the declarant's 


hearsay statement, is not subject to any requirement that the declarant 


may have been afforded an opportunity to deny or explain. If the party 


against whom a hearsay statement has been admitted calls the declarant 


as a witness, the party is entitled to examine the declarant on the 


statement as if under cross-examination.
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