Fair hearing procedures for participants.

CFR · 2024-01-01 · US · Title 7

(a) (b) (c) (d) (e) (f) (1) The request is not received within the time limit set by the State agency in accordance with paragraph (e) of this section; (2) The request is withdrawn in writing by the appellant or a representative of the appellant; (3) The appellant or representative fails, without good cause, to appear at the scheduled hearing; or (4) The appellant has been denied participation by a previous hearing and cannot provide evidence that circumstances relevant to Program eligibility have changed in such a way as to justify a hearing. (g) (h) (i) (1) Administer oaths or affirmations if required by the State; (2) Ensure that all relevant issues are considered; (3) Request, receive and make part of the hearing record all evidence determined necessary to decide the issues being raised; (4) Regulate the conduct and course of the hearing consistent with due process to ensure an orderly hearing; (5) Order, where relevant and necessary, an independent medical assessment or professional evaluation from a source mutually satisfactory to the appellant and the State agency; and (6) Render a hearing decision which will resolve the dispute. (j) (1) Examine, prior to and during the hearing, the documents and records presented to support the decision under appeal; (2) Be assisted or represented by an attorney or other persons; (3) Bring witnesses; (4) Advance arguments without undue interference; (5) Question or refute any testimony or evidence, including an opportunity to confront

official document · source cfr-2024 · id 7:§ 246.9