[Code of Federal Regulations]

[Title 42, Volume 3]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR498.17]



[Page 1094]

 

                         TITLE 42--PUBLIC HEALTH

 

  CHAPTER IV--CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF 

                  HEALTH AND HUMAN SERVICES (CONTINUED)

 

PART 498_APPEALS PROCEDURES FOR DETERMINATIONS THAT AFFECT PARTICIPATION 

IN THE MEDICARE PROGRAM AND FOR DETERMINATIONS THAT AFFECT THE 

PARTICIPATION OF ICFs/MR AND CERTAIN NFs IN THE MEDICAID PROGRAM--Table 

of Contents

 

                      Subpart A_General Provisions

 

Sec. 498.17  Filing of briefs with the ALJ or Departmental Appeals Board, 

and opportunity for rebuttal.



    (a) Filing of briefs and related documents. If a party files a brief 

or related document such as a written argument, contention, suggested 

finding of fact, conclusion of law, or any other written statement, it 

must submit an original and one copy to the ALJ or the Departmental 

Appeals Board, as appropriate. The material may be filed by mail or in 

person and must include a statement certifying that a copy has been 

furnished to the other party.

    (b) Opportunity for rebuttal. (1) The other party will have 20 days 

from the date of mailing or personal service to submit any rebuttal 

statement or additional evidence. If a party submits a rebuttal 

statement or additional evidence, it must file an original and one copy 

with the ALJ or the Board and furnish a copy to the other party.

    (2) The ALJ or the Board will grant an opportunity to reply to the 

rebuttal statement only if the party shows good cause.



[[Page 1095]]