[Code of Federal Regulations]
[Title 45, Volume 1]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR81.72]

[Page 316-317]
 
                        TITLE 45--PUBLIC WELFARE
 
                           AND HUMAN SERVICES
 
PART 81_PRACTICE AND PROCEDURE FOR HEARINGS UNDER PART
80 OF THIS TITLE--Table of Contents
 
                      Subpart H_Hearing Procedures
 
Sec. 81.72  Evidentiary purpose.

    (a) The hearing is directed to receiving factual evidence and expert 
opinion testimony related to the issues in the proceeding. Argument will 
not be received in evidence; rather it should be presented in 
statements, memoranda, or briefs, as determined by the presiding 
officer. Brief opening statements, which shall be limited to statement 
of the party's position and what he intends to prove, may be made at 
hearings.
    (b) Hearings for the reception of evidence will be held only in 
cases where issues of fact must be resolved in order to determine 
whether the respondent has failed to comply with one or more applicable 
requirements of Part 80 of

[[Page 317]]

this title. In any case where it appears from the respondent's answer to 
the notice of hearing or opportunity for hearing, from his failure 
timely to answer, or from his admissions or stipulations in the record, 
that there are no matters of material fact in dispute, the reviewing 
authority or presiding officer may enter an order so finding, vacating 
the hearing date if one has been set, and fixing the time for filing 
briefs under Sec. 81.101. Thereafter the proceedings shall go to 
conclusion in accordance with Subpart J of this part. The presiding 
officer may allow an appeal from such order in accordance with Sec. 
81.86.