(a) All hearings must be conducted—
(1) At a reasonable time, date, and place;
(2) Only after adequate written notice of the hearing; and
(3) By one or more impartial officials or other individuals who have not been directly involved in the initial determination of the action in question.
(b) If the hearing involves medical issues such as those concerning a diagnosis, an examining physician's report, or a medical review team's decision, and if the hearing officer considers it necessary to have a medical assessment other than that of the individual involved in making the original decision, such a medical assessment must be obtained at agency expense and made part of the record.
(c) A hearing officer must have access to agency information necessary to issue a proper hearing decision, including information concerning State policies and regulations.
[44 FR 17932, Mar. 29, 1979, as amended at 78 FR 42302, July 15, 2013]
Notes of Decisions
Cited in
8
cases (
2 in the last 5 years), 1980–2025 · leading case:
Ortiz v. Eichler, 616 F. Supp. 1046 (D. Del. 1985).
Ortiz v. Eichler, 616 F. Supp. 1046 (D. Del. 1985).
· cites it 2× “16(e)(2)(H); 42 C.F.R. § 431.240 (a)(3); 45 C.F.R. § 205.”
Persico v. Maher, 465 A.2d 308 (Conn. 1983).
“42 C.F.R. § 431.240 governs the conduct of fair hearings and provides in subsection (b) that if the hearing officer considers it necessary to have a medical assessment, such medical assessment by a physician or review team must be made a part of the hearing record.”
Gomolisky v. Davis, 716 N.E.2d 970 (Ind. Ct. App. 1999).
· cites it 2× “The additional standards specified in this subpart are set out in 42 C.F.R. §§ 431.240 and 431.242. 1 Gomolisky does not dispute that the requirements of due process under Goldberg and 42 C.”
Casey v. O'bannon, 536 F. Supp. 350 (E.D. Pa. 1982).
““Reasonableness” is, of course, a flexible term, it connotes and requires consideration of all relevant facts; “accessible” is a less flexible term, it focuses primarily on a claimant’s ability to get to the hearing site.”
Moffitt v. Austin, 600 F. Supp. 295 (W.D. Ky. 1984).
“42 CFR 431.240. The recipient must be given the right to examine his case file and all pertinent documents before and during the hearing, bring witnesses, establish facts, present an argument and question any evidence or testimony, “including the opportunity to confront and…”
Featherston v. Stanton, 626 F.2d 591 (7th Cir. 1980).
· cites it 2× “The assessments of the alternate panels fit squarely within the meaning of 42 C.F.R. § 431.240 and should therefore be made part of the record at the hearing: (b) If the hearing involves medical issues such as those concerning a diagnosis, an examining physician’s report, or a…”
Est. of Velma Lea Schultz v. Brown (10th Cir. 2021).
“42 C.F.R. § 431.240 (a)(3). According to the Estate, Oklahoma’s review process violates that requirement because the same DHS official who makes the initial Medicaid eligibility determination also represents DHS at the hearing, supervises the hearing officer, and helps the…”
Kynwulf v. Corcoran (S.D. Ohio 2025).
“See, 42 C.F.R. §§ 431.240 (a), 431.242, 431.244; Ohio Admin.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.