All documentary evidence and affidavits not submitted and all witnesses not identified at the prehearing conference shall be submitted or identified to the presiding officer as soon as possible, with a showing that the offering party had good cause for failing to so submit or identify at the prehearing conference. If the presiding officer determines that good cause does exist, the documents or affidavits shall be submitted or witnesses identified to all parties sufficiently in advance of the offer of such documents or affidavits or witnesses at the hearing to avoid prejudice or surprise to the other parties. If the presiding officer determines that good cause does not exist, he may refuse to admit as evidence such documents or affidavits or the testimony of such witnesses.
Title 21: Food and Drugs
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/ Subpart D - Administrative Hearings / § 1316.57 Submission of documentary evidence and affidavits and identification of witnesses subsequent to prehearing conference.
§ 1316.57 Submission of documentary evidence and affidavits and identification of witnesses subsequent to prehearing conference.