[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR16.10]



[Page 76-77]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 16_PROCEDURES OF THE DEPARTMENTAL GRANT APPEALS BOARD--Table of 

Contents

 

Sec.  16.10  Using a conference.



    (a) Once the Board has reviewed the appeal file, the Board may, on 

its own or in response to a party's request, schedule an informal 

conference. The conference will be conducted by the presiding Board 

member. The purposes of the conference are to give the parties an 

opportunity to make an oral presentation and the Board an opportunity to 

clarify issues and question both parties about matters which the Board 

may not yet fully understand from the record.

    (b) If the Board has decided to hold a conference, the Board will 

consult or correspond with the parties to schedule the conference, 

identify issues, and discuss procedures. The Board will identify the 

persons who will be allowed to participate, along with the parties' 

representatives, in the conference. The parties can submit with their 

briefs under Sec.  16.8 a list of persons who might participate with 

them, indicating how each person is involved in the matter. If the 

parties wish, they may also suggest questions or areas of inquiry which 

the Board may wish to pursue with each participant.

    (c) Unless the parties and the Board otherwise agree, the following 

procedures apply:

    (1) Conferences will be recorded at Department expense. On request, 

a party will be sent one copy of the transcript. The presiding Board 

member will insure an orderly transcript by controlling the sequence and 

identification of speakers.

    (2) Only in exceptional circumstances will documents be received at 

a conference. Inquiry will focus on material in the appeal file. If a 

party finds that further documents should be in the record for the 

conference, the party should supplement the appeal file, submitting a 

supplementary index and copies of the documents to the Board and the 

other party not less than ten days prior to the conference.

    (3) Each party's representative may make an oral presentation. 

Generally, the only oral communications of other participants will 

consist of statements requested by the Board or responses to



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the Board's questions. The Board will allow reply comment, and may allow 

short closing statements. On request, the Board may allow the 

participants to question each other.

    (4) There will be no post-conference submissions, unless the Board 

determines they would be helpful to resolve the case. The Board may 

require or allow the parties to submit proposed findings and 

conclusions.