29 C.F.R. § 18.801

Definitions

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(a) Statement. A statement is (1) an oral or written assertion, or (2) nonverbal conduct of a person, if it is intended by the person as an assertion.

(b) Declarant. A declarant is a person who makes a statement.

(c) Hearsay. Hearsay is a statement, other than one made by the declarant while testifying at the hearing, offered in evidence to prove the truth of the matter asserted.

(d) Statements which are not hearsay. A statement is not hearsay if:

(1) Prior statement by witness. The declarant testifies at the hearing and is subject to cross-examination concerning the statement, and the statement is—

(i) Inconsistent with the declarant's testimony, or

(ii) Consistent with the declarant's testimony and is offered to rebut an express or implied charge against the declarant of recent fabrication or improper influence or motive, or

(iii) One of identification of a person made after perceiving the person; or

(2) Admission by party-opponent. The statement is offered against a party and is—

(i) The party's own statement in either an individual or a representative capacity, or

(ii) A statement of which the party has manifested an adoption or belief in its truth, or

(iii) A statement by a person authorized by the party to make a statement concerning the subject, or

(iv) A statement by the party's agent or servant concerning a matter within the scope of the agency or employment, made during the existence of the relationship, or

(v) A statement by a co-conspirator of a party during the course and in furtherance of the conspiracy.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2004–2021 · leading case: Mercier v. United States Dep't of Labor, 850 F.3d 382 (8th Cir. 2017).

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Mercier v. United States Dep't of Labor, 850 F.3d 382 (8th Cir. 2017). “2 29 C.F.R. § 18.801 (d)(2)(i). Nonetheless, the primary reason we reject this particular argument is because Schop’s and Symons’s testimony about what the coworker said was not offered to prove the truth of the matters asserted, but instead, to show the effect of the coworker’s…”

Calmat Co. v. U.S. Dep't of Labor, Admin. Review Bd. Robert E. Germann, 364 F.3d 1117 (9th Cir. 2004). “29 C.F.R. § 18.801 (c). • CalMat argues that the ALJ admitted and relied upon hearsay evidence from three key witnesses, Robert Sengle, .”

Holstad v. United States Dep't of Labor (D. Minnesota 2021). “Holstad’s control over Northwest Title. (See ALJ Decision at 54-58.”

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