OIG agents and witnesses may be asked to testify at ALJ hearings if necessary for a full and fair inquiry into the issues. For example, an ALJ may find that an aspect of an OIG submission requires further explanation in oral testimony.

The OIG Special Agent who heads the office or unit and authorizes issuance of its reports or a designated OIG witness are the people who will appear and testify about OIG activities. The name of the Special Agent appears on the OIG Report of Investigation.

When necessary, and before a notice of hearing is issued, an ALJ may request in writing the names of additional witnesses from OIG. If OIG has relied on evidence supplied by a confidential source, the unit will attempt to provide independent evidence of the facts supplied by that source. A subpoena may be issued if a needed witness declines to appear voluntarily.

If an OIG agent or another individual associated with an OIG investigation will provide testimony at the hearing, see Hearings, Appeals and Litigation Law manual HA 01295.006 B.