[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: 42CFR498.60]



[Page 1099]

 

                         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 D_Hearings

 

Sec. 498.60  Conduct of hearing.



    (a) Participants in the hearing. The hearing is open to the parties 

and their representatives and technical advisors, and to any other 

persons whose presence the ALJ considers necessary or proper.

    (b) Hearing procedures. (1) The ALJ inquires fully into all of the 

matters at issue, and receives in evidence the testimony of witnesses 

and any documents that are relevant and material.

    (2) If the ALJ believes that there is relevant and material evidence 

available which has not been presented at the hearing, he may, at any 

time before mailing of notice of the decision, reopen the hearing to 

receive that evidence.

    (3) The ALJ decides the order in which the evidence and the 

arguments of the parties are presented and the conduct of the hearing.

    (c) Scope of review: Civil money penalty. In civil money penalty 

cases--

    (1) The scope of review is as specified in Sec. 488.438(e) of this 

chapter; and

    (2) CMS's determination as to the level of noncompliance of an SNF 

or NF must be upheld unless it is clearly erroneous.



[52 FR 22446, June 12, 1987, as amended at 61 FR 32350, June 24, 1996]