[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: 45CFR96.63]



[Page 511]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 96_BLOCK GRANTS--Table of Contents

 

                       Subpart F_Hearing Procedure

 

Sec.  96.63  Communications to presiding officer.



    (a) Those persons who are directly involved in the investigation or 

presentation of the position of the Department or any party at a hearing 

that is subject to this subpart should avoid any off-the-record 

communication on the matter to the presiding officer or his advisers if 

the communication is inconsistent with the requirement of Sec.  96.68 of 

this part that the administrative record be the exclusive record for 

decision. If any communication of this type occurs, it is to be reduced 

to writing and made part of the record, and the other party provided an 

opportunity to respond.

    (b) A copy of any communications between a participant in the 

hearing and the presiding officer, e.g., a response by the presiding 

officer to a request for a change in the time of the hearing is to be 

sent to all parties by the person initiating the communication.