[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: 42CFR488.207]



[Page 917-918]

 

                         TITLE 42--PUBLIC HEALTH

 

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

                  HEALTH AND HUMAN SERVICES (CONTINUED)

 

PART 488_SURVEY, CERTIFICATION, AND ENFORCEMENT PROCEDURES--Table of 

 

 Subpart D_Reconsideration of Adverse Determinations_Deeming Authority 

for Accreditation Organizations and CLIA Exemption of Laboratories Under 

                             State Programs

 

Sec.  488.207  Informal hearing procedures.



    (a) CMS will provide written notice of the time and place of the 

informal hearing at least 10 days before the scheduled date.

    (b) The informal reconsideration hearing will be conducted in 

accordance with the following procedures--



[[Page 918]]



    (1) The hearing is open to CMS and the organization requesting the 

reconsideration, including--

    (i) Authorized representatives;

    (ii) Technical advisors (individuals with knowledge of the facts of 

the case or presenting interpretation of the facts); and

    (iii) Legal counsel;

    (2) The hearing is conducted by the hearing officer who receives 

testimony and documents related to the proposed action;

    (3) Testimony and other evidence may be accepted by the hearing 

officer even though it would be inadmissable under the usual rules of 

court procedures;

    (4) Either party may call witnesses from among those individuals 

specified in paragraph (b)(1) of this section; and

    (5) The hearing officer does not have the authority to compel by 

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