[Code of Federal Regulations]

[Title 42, Volume 4]

[Revised as of October 1, 2006]

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

[CITE: 42CFR1005.3]



[Page 1197-1198]

 

                         TITLE 42--PUBLIC HEALTH

 

      GENERAL--HEALTH CARE, DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

PART 1005_APPEALS OF EXCLUSIONS, CIVIL MONEY PENALTIES AND ASSESSMENTS--

 

Sec.  1005.3  Rights of parties.



    (a) Except as otherwise limited by this part, all parties may--

    (1) Be accompanied, represented and advised by an attorney;

    (2) Participate in any conference held by the ALJ;

    (3) Conduct discovery of documents as permitted by this part;

    (4) Agree to stipulations of fact or law which will be made part of 

the record;

    (5) Present evidence relevant to the issues at the hearing;

    (6) Present and cross-examine witnesses;

    (7) Present oral arguments at the hearing as permitted by the ALJ; 

and

    (8) Submit written briefs and proposed findings of fact and 

conclusions of law after the hearing.

    (b) Fees for any services performed on behalf of a party by an 

attorney are not subject to the provisions of section



[[Page 1198]]



206 of title II of the Act, which authorizes the Secretary to specify or 

limit these fees.