(a) Except as otherwise limited by this part, all parties may—
(1) Be accompanied, represented and advised by an attorney;
(2) Participate in any conference held by the ALJ;
(3) Conduct discovery of documents as permitted by this part;
(4) Agree to stipulations of fact or law which will be made part of the record;
(5) Present evidence relevant to the issues at the hearing;
(6) Present and cross-examine witnesses;
(7) Present oral arguments at the hearing as permitted by the ALJ; and
(8) Submit written briefs and proposed findings of fact and conclusions of law after the hearing.
(b) Fees for any services performed on behalf of a party by an attorney are not subject to the provisions of section 206 of title II of the Act, which authorizes the Secretary to specify or limit these fees.
Notes of Decisions
St. Anthony Hosp. v. United States Dep't of Health & Human Servs., 309 F.3d 680 (10th Cir. 2002).
“) Applying this principle to the present case, we conclude that the proper recourse for a party after an erroneous denial of a motion for summary judgment by an agency is not to appeal that denial, but to “[sjubmit written briefs and proposed findings of fact and conclusions of…”
Lasher v. Dep't of Health & Human Servs., 369 F. Supp. 3d 243 (D.C. Cir. 2019).
“See 42 C.F.R. § 1005.3 . In discharging his or her duties to "conduct a fair and impartial hearing, avoid delay, maintain order and assure that a record of the proceeding is made," 42 C.”
Lasher v. Dep't of Health & Human Servs. (D.D.C. 2019).
“See 42 C.F.R. § 1005.3 . In discharging his or her duties to “conduct a fair and impartial hearing, avoid delay, maintain order and assure that a record of the proceeding is made,” 42 C.”
Baxter v. Becerra (E.D. Va. 2024).
“As a threshold matter, Plaintiff argues that the DAB erred in relying on Dr. Jeffrey’s testimony in the first instance because Plaintiff “had no opportunity to cross-examine Dr.”
Crews v. Shalala, 40 F. Supp. 2d 350 (E.D. Va. 1999).
“See 42 C.F.R. § 1005.3 (a)(7) (parties to a hearing have the right to “present oral arguments at the hearing as permitted by the ALJ”).”
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