[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: 42CFR498.66]



[Page 1100]

 

                         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. 498.66  Waiver of right to appear and present evidence.



    (a) Waiver procedures. (1) If an affected party wishes to waive its 

right to appear and present evidence at the hearing, it must file a 

written waiver with the ALJ.

    (2) If the affected party wishes to withdraw a waiver, it may do so, 

for good cause, at any time before the ALJ mails notice of the hearing 

decision.

    (b) Effect of waiver. If the affected party waives the right to 

appear and present evidence, the ALJ need not conduct an oral hearing 

except in one of the following circumstances:

    (1) The ALJ believes that the testimony of the affected party or its 

representatives or other witnesses is necessary to clarify the facts at 

issue.

    (2) CMS or the OIG shows good cause for requiring the presentation 

of oral evidence.

    (c) Dismissal for failure to appear. If, despite the waiver, the ALJ 

sends notice of hearing and the affected party fails to appear, or to 

show good cause for the failure, the ALJ will dismiss the appeal in 

accordance with Sec. 498.69.

    (d) Hearing without oral testimony. When there is no oral testimony, 

the ALJ will--

    (1) Make a record of the relevant written evidence that was 

considered in making the determination being appealed, and of any 

additional evidence submitted by the parties;

    (2) Furnish to each party copies of the additional evidence 

submitted by the other party; and

    (3) Give both parties a reasonable opportunity for rebuttal.

    (e) Handling of briefs and related statements. If the parties submit 

briefs or other written statements of evidence or proposed findings of 

facts or conclusions of law, those documents will be handled in 

accordance with Sec. 498.17.