[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: 42CFR430.86]



[Page 17-18]

 

                         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.  430.86  Discovery.



    CMS and any party named in the notice issued under Sec.  430.70 has 

the right to conduct discovery (including depositions) against opposing 

parties. Rules 26-37 of the Federal Rules of Civil Procedures apply to 

such proceedings; there will be no fixed rule on priority of discovery. 

Upon written motion, the presiding officer promptly rules upon any 

objection to discovery action initiated under this section. The 

presiding officer also has the power to grant a



[[Page 18]]



protective order or relief to any party against whom discovery is sought 

and to restrict or control discovery so as to prevent undue delay in the 

conduct of the hearing. Upon the failure of any party to make discovery, 

the presiding officer may issue any order and impose any sanction (other 

than contempt orders) authorized by Rule 37 of the Federal Rules of 

Civil Procedure.