[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: 45CFR96.66]



[Page 511-512]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 96_BLOCK GRANTS--Table of Contents

 

                       Subpart F_Hearing Procedure

 

Sec.  96.66  Hearing procedure.



    (a) A hearing is public, except when the Secretary or the presiding 

officer determines that all or part of a hearing should be closed to 

prevent a clearly unwarranted invasion of personal privacy (such as 

disclosure of information in medical records that would identify 

patients), to prevent the disclosure of a trade secret or confidential 

commercial or financial information, or to protect investigatory records 

compiled for law enforcement purposes that are not available for public 

disclosure.



[[Page 512]]



    (b) A hearing will be conducted by the presiding officer. Employees 

of the Department will first give a full and complete statement of the 

action which is the subject of the hearing, together with the 

information and reasons supporting it, and may present any oral or 

written information relevant to the hearing. The State may then present 

any oral or written information relevant to the hearing. Both parties 

may confront and conduct reasonable cross-examination of any person 

(except for the presiding officer and counsel for the parties) who makes 

any statement on the matter at the hearing.

    (c) The hearing is informal in nature, and the rules of evidence do 

not apply. No motions or objections relating to the admissibility of 

information and views will be made or considered, but either party may 

comment upon or rebut all such data, information, and views.

    (d) The presiding officer may order the hearing to be transcribed. 

The State may have the hearing transcribed, at the State's expense, in 

which case a copy of the transcript is to be furnished to the Department 

at the Department's expense.

    (e) The presiding officer may, if appropriate, allow for the 

submission of post-hearing briefs. The presiding officer shall prepare a 

written decision, which shall be based on a preponderance of the 

evidence, shall include a statement of reasons for the decision, and 

shall be final unless appealed pursuant to Sec.  96.52 of this part. If 

post-hearing briefs were not permitted, the parties to the hearing will 

be given the opportunity to review and comment on the presiding 

officer's decision prior to its being issued.

    (f) The presiding officer shall include as part of the decision a 

finding on the credibility of witnesses (other than expert witnesses) 

whenever credibility is a material issue.

    (g) The presiding officer shall furnish a copy of the decision to 

the parties.

    (h) The presiding officer has the power to take such actions and 

make such rulings as are necessary or appropriate to maintain order and 

to conduct a fair, expeditious, and impartial hearing, and to enforce 

the requirements of this subpart concerning the conduct of hearings. The 

presiding officer may direct that the hearing be conducted in any 

suitable manner permitted by law and these regulations.

    (i) The Secretary or the presiding officer has the power to suspend, 

modify, or waive any provision of this subpart.