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 423—VOLUNTARY MEDICARE PRESCRIPTION DRUG BENEFIT > SUBPART N—Medicare Contract Determinations and Appeals (§423.641 to §423.668) > 423.655—Time and place of hearing.

423.655—Time and place of hearing.

(a) The hearing officer—
(1) Fixes a time and place for the hearing, which is not to exceed 30 calendar days after the receipt of request for the hearing;
(2) Sends written notice to the parties that informs the parties of the general and specific issues to be resolved, the burden of proof, and information about the hearing procedure.
(b) (1) The hearing officer may, on his or her own motion, change the time and place of the hearing.
(2) The hearing officer may adjourn or postpone the hearing.
(c) (1) The Part D plan sponsor or CMS may request an extension by filing a written request no later than 10 calendar days prior to the scheduled hearing.
(2) When either the Part D plan sponsor or CMS requests an extension the hearing officer will provide a one-time 15-calendar day extension.
(3) Additional extensions may be granted at the discretion of the hearing officer.
[75 FR 19824, Apr. 15, 2010]