45 C.F.R. § 16.5

How the Board operates

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(a) The Board's professional staff consists of a Chair (who is also a Board member) and full- and part-time Board members, all appointed by the Secretary; and a staff of employees and consultants who are attorneys or persons from other relevant disciplines, such as accounting.

(b) The Chair will assign a Board member to have lead responsibility for each case (the “presiding Board member”). The presiding Board member will conduct the conference or hearing, if one is held. Each decision of the Board is issued by the presiding Board member and two other Board members.

(c) The Board staff assists the presiding Board member, and may request information from the parties; conduct telephone conference calls to request information, to clarify issues, or to schedule events; and assist in developing decisions and other documents in a case.

(d) The Chair will assure that no Board or staff member will participate in a case where his or her impartiality could reasonably be questioned.

(e) The Board's powers and responsibilities are set forth in § 16.13.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 1977–2021 · leading case: Willie Goffney, Jr. v. Xavier Becerra, 995 F.3d 737 (9th Cir. 2021).

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Willie Goffney, Jr. v. Xavier Becerra, 995 F.3d 737 (9th Cir. 2021). “The Secretary of HHS appoints the Board’s members, 45 C.F.R. § 16.5 (a), and the Board “generally issues HHS’s final decision, which may then be appealed to a federal court.”

S. Mut. Help Ass'n, Inc. v. Joseph A. Califano, Jr., Sec'y of Health, Educ. & Welfare, 574 F.2d 518 (D.C. Cir. 1977). · cites it 2× “” 45 C.F.R. § 16.5 (a)(2) (1976). The third of the six reasons for the HEW action, see note 7 supra, and accompanying text, comes very close to being such an adverse determination.”

State of Delaware Dep't of Health & Soc. Servs., Div. of Medicaid & Med. Assistance v. United States Dep't of Health & Human Servs., 272 F. Supp. 3d 103 (D.D.C. 2017). “One of these provides that “[e]ach decision is issued by three Board *112 members (see § 16.5(b)) ... 45 C.F.R. § 16 .2i(a), Section 16.”

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