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Code of Federal Regulations Pertaining to U.S. Department of Labor |
| Labor |
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| Office of the Secretary of Labor |
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| Rules of Practice and Procedure for Administrative Hearings Before the Office of Administrative Law Judges |
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| Rules of Evidence |
29 CFR 18.104 - Preliminary questions.
- Section Number: 18.104
- Section Name: Preliminary questions.
(a) Questions of admissibility generally. Preliminary questions
concerning the qualification of a person to be a witness, the existence
of a privilege, or the admissibility of evidence shall be determined by
the judge, subject to the provisions of paragraph (b) of this section.
In making such determination the judge is not bound by the rules of
evidence except those with respect to privileges.
(b) Relevance conditioned on fact. When the relevancy of evidence
depends upon the fulfillment of a condition of fact, the judge shall
admit it upon, or subject to, the introduction of evidence sufficient to
support a finding of the fulfillment of the condition.
(c) Weight and credibility. This rule does not limit the right of a
party to introduce evidence relevant to weight or credibility.
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