[Code of Federal Regulations]

[Title 42, Volume 4]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR1005.6]



[Page 1198-1199]

 

                         TITLE 42--PUBLIC HEALTH

 

      GENERAL--HEALTH CARE, DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

PART 1005_APPEALS OF EXCLUSIONS, CIVIL MONEY PENALTIES AND ASSESSMENTS--

 

Sec.  1005.6  Prehearing conferences.



    (a) The ALJ will schedule at least one prehearing conference, and 

may schedule additional prehearing conferences as appropriate, upon 

reasonable notice to the parties.

    (b) The ALJ may use prehearing conferences to discuss the 

following--

    (1) Simplification of the issues;

    (2) The necessity or desirability of amendments to the pleadings, 

including the need for a more definite statement;

    (3) Stipulations and admissions of fact or as to the contents and 

authenticity of documents;

    (4) Whether the parties can agree to submission of the case on a 

stipulated record;

    (5) Whether a party chooses to waive appearance at an oral hearing 

and to submit only documentary evidence (subject to the objection of 

other parties) and written argument;

    (6) Limitation of the number of witnesses;

    (7) Scheduling dates for the exchange of witness lists and of 

proposed exhibits;

    (8) Discovery of documents as permitted by this part;



[[Page 1199]]



    (9) The time and place for the hearing;

    (10) Such other matters as may tend to encourage the fair, just and 

expeditious disposition of the proceedings; and

    (11) Potential settlement of the case.

    (c) The ALJ will issue an order containing the matters agreed upon 

by the parties or ordered by the ALJ at a prehearing conference.