§ 4.1045 What are the requirements for exhibits, official notice, and stipulations?

(a) General. (1) Except as provided in paragraphs (d) and (e) of this section, any material offered in evidence, other than oral testimony, must be offered in the form of an exhibit. (2) Each exhibit offered by a party must be marked for identification. (3) Any party who seeks to have an exhibit admitted into evidence must provide: (i) The original of the exhibit to the reporter, unless the ALJ permits the substitution of a copy; and (ii) A copy of the exhibit to the ALJ. (b) ALJ exhibits. (1) At any time prior to issuance of the recommended decision, the ALJ, on his or her own initiative, may admit into evidence as an exhibit any document from the administrative record reviewed by OFA. (2) If the ALJ admits a document under paragraph (b)(1) of this section, the ALJ must notify the parties and give them a brief opportunity to submit comments on the document. (c) Material not offered. If a document offered as an exhibit contains material not offered as evidence: (1) The party offering the exhibit must: (i) Designate the matter offered as evidence; (ii) Segregate and exclude the material not offered in evidence, to the extent feasible; and (iii) Provide copies of the entire document to the other parties appearing at the hearing. (2) The ALJ must give the other parties an opportunity to inspect the entire document and offer in evidence any other portions of the document. (d) Official notice. (1) At the request of any party at the hearing, the ALJ may take official notice of any matter of which the courts of the United States may take judicial notice, including the public records of the Department, except materials in the administrative record reviewed by OFA. (2) The ALJ must give the other parties appearing at the hearing an opportunity to show the contrary of an officially noticed fact. (3) Any party requesting official notice of a fact after the conclusion of the hearing must show good cause for its failure to request official notice during the hearing. (e) Stipulations. (1) The parties may stipulate to any relevant facts or to the authenticity of any relevant documents. (2) If received in evidence at the hearing, a stipulation is binding on the stipulating parties. (3) A stipulation may be written or made orally at the hearing.