[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: 45CFR16.11]



[Page 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.  16.11  Hearing.



    (a) Electing a hearing. If the appellant believes a hearing is 

appropriate, the appellant should specifically request one at the 

earliest possible time (in the notice of appeal or with the appeal 

file). The Board will approve a request (and may schedule a hearing on 

its own or in response to a later request) if it finds there are complex 

issues or material facts in dispute the resolution of which would be 

significantly aided by a hearing, or if the Board determines that its 

decisionmaking otherwise would be enhanced by oral presentations and 

arguments in an adversary, evidentiary hearing. The Board will also 

provide a hearing if otherwise required by law or regulation.

    (b) Preliminary conference before the hearing. The Board generally 

will hold a prehearing conference (which may be conducted by telephone 

conference call) to consider any of the following: the possibility of 

settlement; simplifying and clarifying issues; stipulations and 

admissions; limitations on evidence and witnesses that will be presented 

at the hearing; scheduling the hearing; and any other matter that may 

aid in resolving the appeal. Normally, this conference will be conducted 

informally and off the record; however, the Board, after consulting with 

the parties, may reduce results of the conference to writing in a 

document which will be made part of the record, or may transcribe 

proceedings and make the transcript part of the record.

    (c) Where hearings are held. Hearings generally are held in 

Washington, DC. In exceptional circumstances, the Board may hold the 

hearing at an HHS Regional Office or other convenient facility near the 

appellant.

    (d) Conduct of the hearing. (1) The presiding Board member will 

conduct the hearing. Hearings will be as informal as reasonably 

possible, keeping in mind the need to establish an orderly record. The 

presiding Board member generally will admit evidence unless it is 

determined to be clearly irrelevant, immaterial or unduly repetitious, 

so the parties should avoid frequent objections to questions and 

documents. Both sides may make opening and closing statements, may 

present witnesses as agreed upon in the prehearing conference, and may 

cross-examine. Since the parties have ample opportunity to develop a 

complete appeal file, a party may introduce an exhibit at the hearing 

only after explaining to the satisfaction of the presiding Board member 

why the exhibit was not submitted earlier (for example, because the 

information was not available).

    (2) The Board may request the parties to submit written statements 

of witnesses to the Board and each other prior to the hearing so that 

the hearing will primarily be concerned with cross-examination and 

rebuttal.

    (3) False statements of a witness may be the basis for criminal 

prosecution under sections 287 and 1001 of Title 18 of the United States 

Code.

    (4) The hearing will be recorded at Department expense.

    (e) Procedures after the hearing. The Board will send one copy of 

the transcript to each party as soon as it is received by the Board. At 

the discretion of the Board, the parties may be required or allowed to 

submit post-hearing briefs or proposed findings and conclusions (the 

parties will be informed at the hearing). A party should note any major 

prejudicial transcript errors in an addendum to its post-hearing brief 

(or if no brief will be submitted, in a letter submitted within a time 

limit set by the Board).