45 CFR § 1149.51 - How can I exclude a witness?

---
identifier: "/us/cfr/t45/s1149.51"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "45 CFR § 1149.51 - How can I exclude a witness?"
title_number: 45
title_name: "Public Welfare"
section_number: "1149.51"
section_name: "How can I exclude a witness?"
chapter_name: "NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES"
subchapter_number: "B"
subchapter_name: "NATIONAL ENDOWMENT FOR THE ARTS"
part_number: "1149"
part_name: "PROGRAM FRAUD CIVIL REMEDIES ACT REGULATIONS"
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. App. 8G(a)(2); 20 U.S.C. 959; 28 U.S.C. 2461 note; 31 U.S.C. 3801-3812."
regulatory_source: "79 FR 67081, Nov. 12, 2014, unless otherwise noted."
cfr_part: "1149"
---


# 1149.51 How can I exclude a witness?

Upon motion of any party, the ALJ must order witnesses excluded from the hearing room so that they cannot hear the testimony of other witnesses. This rule does not authorize exclusion of—

(a) A party who is an individual;

(b) In the case of a party that is not an individual, an officer or employee of the party appearing for the entity pro se or designated by the party's representative; or

(c) An individual whose presence is shown by a party to be essential to the presentation of its case, including an individual employed by the Government engaged in assisting the representative for the Government.