[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: 45CFR16.4]



[Page 74-75]

 

                        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.  16.4  Summary of procedures below.



    The Board's basic process is review of a written record (which both 

parties are given ample opportunity to develop), consisting of relevant 

documents and statements submitted by both parties (see Sec.  16.8). In 

addition, the Board may hold an informal conference (see Sec.  16.10). 

The informal conference primarily involves questioning of the 

participants by a presiding Board member. Conferences may be conducted 

by telephone conference call. The written record review also may be 

supplemented by a hearing involving an opportunity for examining 

evidence and witnesses, cross-examination, and oral argument (see Sec.  

16.11). A hearing is



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more expensive and time-consuming than a determination on the written 

record alone or with an informal conference. Generally, therefore, the 

Board will schedule a hearing only if the Board determines that there 

are complex issues or material facts in dispute, or that the Board's 

review would otherwise be significantly enhanced by a hearing. Where the 

amount in dispute is $25,000 or less, there are special expedited 

procedures (see Sec.  16.12 of this part). In all cases, the Board has 

the flexibility to modify procedures to ensure fairness, to avoid delay, 

and to accommodate the peculiar needs of a given case. The Board makes 

maximum feasible use of preliminary informal steps to refine issues and 

to encourage resolution by the parties. The Board also has the 

capability to provide mediation services (see Sec.  16.18).