[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: 45CFR1386.104]



[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. 1386.104  Evidentiary purpose.



    The hearing is directed to receiving factual evidence and expert 

opinion testimony related to the issues in the proceeding. Argument will 

not be received in evidence; rather, it must be presented in statements, 

memoranda, or briefs, as directed by the presiding officer. Brief 

opening statements, which shall be limited to a statement of the party's 

position and what it intends to prove, may be made at hearings.