(a) A request for hearing shall be sent to the district director and
contain a concise notice of the issues on which the physician, health
care provider or claims representative desires to give evidence at the
hearing with identification of witnesses and documents to be submitted
at the hearing.
(b) If a request for hearing is timely received by the district
director, the matter shall be referred to the Chief Administrative Law
Judge who shall assign it for hearing with the assigned administrative
law judge issuing a notice of hearing for the conduct of the hearing. A
copy of the hearing notice shall be served on the physician, health care
provider or claims representative
by certified mail, return receipt requested.
(c) If a request for hearing contains identification of witnesses or
documents not previously considered by the Director, the Director may
make application to the assigned administrative law judge for an offer
of proof from the physician, health care provider or claims
representative for the purpose of discovery prior to hearing. If the
offer of proof indicates injection of new issues or new material
evidence not previously considered by the Director, the Director may
request a remand order for purposes of reconsideration of the decision
made pursuant to Sec. 702.432 of these regulations.
(d) The parties may make application for the issuance of subpoenas
upon a showing of good cause therefore to the administrative law judge.
(e) The administrative law judge shall issue a recommended decision
after the termination of the hearing. The recommended decision shall
contain appropriate findings, conclusions and a recommended order and be
forwarded, together with the record of the hearing, to the
Administrative Review Board for a final decision. The recommended
decision shall be served upon all parties to the proceeding.
(f) Based upon a review of the record and the recommended decision
of the administrative law judge, the Administrative Review Board shall
issue a final decision.
[50 FR 404, Jan. 3, 1985, as amended at 55 FR 28606, July 12, 1990; 61
FR 19984, May 3, 1996]
