29 CFR § 458.78 - Rules of evidence.

---
identifier: "/us/cfr/t29/s458.78"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "29 CFR § 458.78 - Rules of evidence."
title_number: 29
title_name: "Labor"
section_number: "458.78"
section_name: "Rules of evidence."
chapter_name: "OFFICE OF LABOR-MANAGEMENT STANDARDS, DEPARTMENT OF LABOR"
subchapter_number: "B"
subchapter_name: "STANDARDS OF CONDUCT"
part_number: "458"
part_name: "STANDARDS OF CONDUCT"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 7105, 7111, 7120, 7134; 22 U.S.C. 4107, 4111, 4117; 2 U.S.C. 1351(a)(1); Secretary's Order No. 03-2012, 77 FR 69376, November 16, 2012; Secretary's Order No. 01-2020, 85 FR 13186 (March 6, 2020)."
regulatory_source: "45 FR 15158, Mar. 7, 1980, unless otherwise noted. Redesignated at 50 FR 31311, Aug. 1, 1985."
cfr_part: "458"
---


# 458.78 Rules of evidence.

The technical rules of evidence do not apply. Any evidence may be received, except that an Administrative Law Judge may exclude any evidence or offer of proof which is immaterial, irrelevant, unduly repetitious, or customarily privileged. Every party shall have a right to present his case by oral and documentary evidence and to submit rebuttal evidence.