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45 CFR § 1326.104 - Evidentiary purpose.

---
identifier: "/us/cfr/t45/s1326.104"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "45 CFR § 1326.104 - Evidentiary purpose."
title_number: 45
title_name: "Public Welfare"
section_number: "1326.104"
section_name: "Evidentiary purpose."
chapter_name: "ADMINISTRATION FOR CHILDREN AND FAMILIES, DEPARTMENT OF HEALTH AND HUMAN SERVICES"
subchapter_number: "C"
subchapter_name: "THE ADMINISTRATION FOR COMMUNITY LIVING"
part_number: "1326"
part_name: "DEVELOPMENTAL DISABILITIES FORMULA GRANT PROGRAMS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 15001"
regulatory_source: "80 FR 44807, July 27, 2015, unless otherwise noted. Redesignated at 81 FR 35645, June 3, 2016."
cfr_part: "1326"
---

# 1326.104 Evidentiary purpose.

The hearing is directed to receiving factual evidence and expert opinion testimony related to the issues in the proceeding. Argument will not be received in evidence; rather, it must be presented in statements, memoranda, or briefs, as directed by the presiding officer. Brief opening statements, which shall be limited to a statement of the party's position and what it intends to prove, may be made at hearings.