CFR > Title 42 - Public Health > CHAPTER IV—CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES > SUBCHAPTER B—MEDICARE PROGRAM (parts 405 to 426) > PART 422—MEDICARE ADVANTAGE PROGRAM > SUBPART N—Medicare Contract Determinations and Appeals (§422.641 to §422.696) > 422.676—Conduct of hearing.

422.676—Conduct of hearing.

(a) The hearing is open to the parties and to the public.
(b) The hearing officer inquires fully into all the matters at issue and receives in evidence the testimony of witnesses and any documents that are relevant and material.
(c) The hearing officer provides the parties an opportunity to enter any objection to the inclusion of any document.
(d) The MA organization bears the burden of going forward and must first present evidence and argument before CMS presents its evidence and argument.
[63 FR 35113, June 26, 1998, as amended at 75 FR 19813, Apr. 15, 2010]