[Code of Federal Regulations]

[Title 45, Volume 4]

[Revised as of October 1, 2005]

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

[CITE: 45CFR1386.102]



[Page 355]

 

                        TITLE 45--PUBLIC WELFARE

 

CHAPTER XIII--OFFICE OF HUMAN DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH 

                           AND HUMAN SERVICES

 

PART 1386_FORMULA GRANT PROGRAMS--Table of Contents

 

  Subpart D_Practice and Procedure for Hearings Pertaining to States' 

 Conformity and Compliance With Developmental Disabilities State Plans, 

                    Reports and Federal Requirements

 

Sec. 1386.102  Rights of parties.



    All parties may:

    (a) Appear by counsel, or other authorized representative, in all 

hearing proceedings;

    (b) Participate in any prehearing conference held by the presiding 

officer,

    (c) Agree to stipulations of facts which will be made a part of the 

record;

    (d) Make opening statements at the hearing;

    (e) Present relevant evidence on the issues at the hearing;

    (f) Present witnesses who then must be available for cross-

examination by all other parties;

    (g) Present oral arguments at the hearing;

    (h) Submit written briefs, proposed findings of fact, and proposed 

conclusions of law, after the hearing.