(a) Witnesses at the hearing shall testify under oath or
affirmation. The administrative law judge and the parties may question
witnesses with respect to any matters relevant and material to any
contested issue. Any party who intends to present the testimony of an
expert witness at a hearing, including any physician, regardless of
whether the physician has previously prepared a medical report, shall
so notify all other parties to the claim at least 10 days before the
hearing. The failure to give notice of the appearance of an expert
witness in accordance with this paragraph, unless notice is waived by
all parties, shall preclude the presentation of testimony by such
expert witness.
(b) No person shall be required to appear as a witness in any
proceeding before an administrative law judge at a place more than 100
miles from his or her place of residence, unless the lawful mileage and
witness fee for 1 day's attendance is paid in advance of the hearing
date.
(c) No person shall be permitted to testify as a witness at the
hearing, or pursuant to deposition or interrogatory under Sec. 725.458,
unless that person meets the requirements of Sec. 725.414(c).
(1) In the case of a witness offering testimony relevant to the
liability of the responsible operator, in the absence of extraordinary
circumstances, the witness must have been identified as a potential
hearing witness while the claim was pending before the district
director.
(2) In the case of a physician offering testimony relevant to the
physical condition of the miner, such physician must have prepared a
medical report. Alternatively, in the absence of a showing of good
cause under Sec. 725.456(b)(1) of this part, a physician may offer
testimony relevant to the physical condition of the miner only to the
extent that the party offering the physician's testimony has submitted
fewer medical reports than permitted by Sec. 725.414. Such physician's
opinion shall be considered a medical report subject to the limitations
of Sec. 725.414.
(d) A physician whose testimony is permitted under this section may
testify as to any other medical evidence of record, but shall not be
permitted to testify as to any medical evidence relevant to the miner's
condition that is not admissible.
