[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: 42CFR430.80]



[Page 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.  430.80  Authority of the presiding officer.



    (a) The presiding officer has the duty to conduct a fair hearing, to 

avoid delay, maintain order, and make a record of the proceedings. He or 

she has the authority necessary to accomplish those ends, including but 

not limited to authority to take the following actions:

    (1) Change the date, time, and place of the hearing after due notice 

to the parties. This includes authority to postpone or adjourn the 

hearing in whole or in part. In a hearing on disapproval of a State 

plan, or State plan amendments, changes in the date of the hearing are 

subject to the time limits imposed by section 1116(a)(2) of the Act.

    (2) Hold conferences to settle or simplify the issues, or to 

consider other matters that may aid in the expeditious disposition of 

the issues.

    (3) Regulate participation of parties and amici curiae and require 

parties and amici curiae to state their position with respect to the 

various issues in the proceeding.

    (4) Administer oaths and affirmations.

    (5) Rule on motions and other procedural items, including issuance 

of protective orders or other relief to a party against whom discovery 

is sought.

    (6) Regulate the course of the hearing and conduct of counsel.

    (7) Examine witnesses.

    (8) Receive, rule on, exclude or limit evidence or discovery.

    (9) Fix the time for filing motions, petitions, briefs, or other 

items.

    (10) If the presiding officer is the Administrator, make a final 

decision.

    (11) If the presiding officer is a designee of the Administrator, 

certify the entire record including recommended findings and proposed 

decision to the Administrator.

    (12) Take any action authorized by the rules in this subpart or in 

conformance with the provisions of 5 U.S.C. 551 through 559.

    (b) The presiding officer does not have authority to compel by 

subpoena the production of witnesses, papers, or other evidence.

    (c) If the presiding officer is a designee of the Administrator, his 

or her authority pertains to the issues of compliance by a State with 

Federal requirements, and does not extend to the question of whether, in 

case of any noncompliance, Federal payments will be denied in respect to 

the entire State plan or only for certain categories under, or parts of, 

the State plan affected by the noncompliance.