[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: 42CFR430.76]



[Page 16-17]

 

                         TITLE 42--PUBLIC HEALTH

 

  CHAPTER IV--CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF 

                  HEALTH AND HUMAN SERVICES (CONTINUED)

 

PART 430_GRANTS TO STATES FOR MEDICAL ASSISTANCE PROGRAMS--Table of 

 

Subpart D_Hearings on Conformity of State Medicaid Plans and Practice to 

                          Federal Requirements

 

Sec.  430.76  Parties to the hearing.



    (a) CMS and the State. CMS and the State are parties to the hearing.

    (b) Other individuals--(1) Basis for participation. Other 

individuals or groups may be recognized as parties if the issues to be 

considered at the hearing have caused them injury and their interest is 

within the zone of interests to be protected by the governing Federal 

statute.

    (2) Petition for participation. Any individual or group wishing to 

participate as a party must, within 15 days after notice of hearing is 

published in the Federal Register, file with the CMS Docket Clerk, a 

petition that concisely states--

    (i) Petitioner's interest in the proceeding;

    (ii) Who will appear for petitioner;

    (iii) The issues on which petitioner wishes to participate; and

    (iv) Whether petitioner intends to present witnesses.



The petitioner must also serve a copy of the petition on each party of 

record at that time.

    (3) Comments on petition. Any party may, within 5 days of receipt of 

the copy of the petition, file comments on it.

    (4) Action on petition. (i) The presiding officer promptly 

determines whether each petitioner has the requisite interest in the 

proceedings and approves or denies participation accordingly.

    (ii) If petitions are made by more than one individual or group with 

common interests, the presiding officer may--

    (A) Request all those petitioners to designate a single 

representative; or

    (B) Recognize one or more of those petitioners to represent all of 

them.

    (iii) The presiding officer gives each petitioner written notice of 

the decision and, if the decision is to deny, briefly states the grounds 

for denial.

    (c) Amicus curiae (friend of the court)--(1) Petition for 

participation. Any person or organization that wishes to participate as 

amicus curiae must, before the hearing begins, file with the CMS Docket 

Clerk, a petition that concisely states--

    (i) The petitioners' interest in the hearing;

    (ii) Who will represent the petitioner; and

    (iii) The issues on which the petitioner intends to present 

argument.

    (2) Action on amicus curiae petition. The presiding officer may 

grant the petition if he or she finds that the petitioner has a 

legitimate interest in the proceedings, that such participation will not 

unduly delay the outcome and may contribute materially to the proper 

disposition of the issues.

    (3) Nature of amicus participation. An amicus curiae is not a party 

to the hearing but may participate by--

    (i) Submitting a written statement of position to the presiding 

officer before the beginning of the hearing;



[[Page 17]]



    (ii) Presenting a brief oral statement at the hearing, at the point 

in the proceedings specified by the presiding officer; and

    (iii) Submitting a brief or written statement when the parties 

submit briefs.



The amicus curiae must serve copies of any briefs or written statements 

on all parties.