405.1124—Oral argument.
A party may request to appear before the MAC to present oral argument.
(a)
The MAC grants a request for oral argument if it decides that the case raises an important question of law, policy, or fact that cannot be readily decided based on written submissions alone.
(b)
The MAC may decide on its own that oral argument is necessary to decide the issues in the case. If the MAC decides to hear oral argument, it tells the parties of the time and place of the oral argument at least 10 calendar days before the scheduled date.
(c)
In case of a previously unrepresented beneficiary, a newly hired representative may request an extension of time for preparation of the oral argument and the MAC must consider whether the extension is reasonable.
(d)
The MAC may also request, but not require, CMS or its contractor to appear before it if the MAC determines that it may be helpful in resolving the issues in the case.
(e)
The MAC will not draw any inference if CMS or a contractor decides not to participate in the oral argument.
[70 FR 11472, Mar. 8, 2005, as amended at 74 FR 65338, Dec. 9, 2009]