[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: 42CFR430.88]



[Page 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.  430.88  Evidence.



    (a) Evidentiary purpose. The hearing is directed to receiving 

factual evidence and expert opinion testimony related to the issues 

involved in the proceeding. Argument is not received in evidence. It 

must be presented in statements, memoranda, or briefs, as determined by 

the presiding officer. Brief opening statements, concerning the party's 

position and what he or she intends to prove, may be made at hearings.

    (b) Testimony. Testimony is given orally under oath or affirmation 

by witnesses at the hearing. Witnesses are available at the hearing for 

cross-examination by all parties.

    (c) Stipulations and exhibits. Two or more parties may agree to 

stipulations of fact. Those stipulations, and any exhibit proposed by 

any party, are exchanged before the hearing if the presiding officer so 

requires.

    (d) Rules of evidence. (1) Technical rules of evidence do not apply 

to hearings conducted under this subpart. However, rules or principles 

designed to ensure production of the most credible evidence available 

and to subject testimony to test by cross-examination are applied by the 

presiding officer when reasonably necessary.

    (2) A witness may be cross-examined on any matter material to the 

proceeding without regard to the scope of his or her direct examination.

    (3) The presiding officer may exclude irrelevant, immaterial, or 

unduly repetitious evidence.

    (4) All documents and other evidence offered or taken for the record 

are open to examination by the parties and an opportunity is given to 

refute facts and arguments advanced on either side of the issues.