The Presiding Panel Member generally will admit documents and testimony into the record unless clearly irrelevant, immaterial or unduly repetitious, so the parties should avoid frequent objections to questions and documents. The Respondent should not consider the written notice and report to be a comprehensive summary of all the evidence that HHS may present at a hearing. Both parties may make opening and closing statements, may present witnesses as agreed upon in the prehearing conference and may cross examine opposing witnesses. The Panel Members may ask questions as well. Witnesses will be warned that any false statement may be a basis for criminal prosecution.
Hearings are open to the public.
Generally, the witnesses' presence in the hearing room when not testifying will be restricted if a party requests it. Generally, the transcript and all other materials in the record are matters of public record. The Presiding Panel Member, after consulting the parties at the end of the hearing, will decide whether post-hearing briefs will be allowed or required and will set deadlines for briefing. Burden of Proof HHS must always prove scientific misconduct by a preponderance of the evidence. Whenever a party submits anything to the Panel, that party must include a statement that he or she has at the same time given a copy to the other party.