---
kind: "section"
citation: "42 C.F.R. § 1005.3"
title: "42"
number: "1005.3"
heading: "Rights of parties."
url: "https://uscodex.org/cfr/42/1005.3"
---

# §1005.3. Rights of parties.

- (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](/cfr/42/206.md) of title II of the Act, which authorizes the Secretary to specify or limit these fees.

## Notes

### Authority

Authority: 42 U.S.C. 405(a), 405(b), 1302, 1320a-7, 1320a-7a and 1320c-5.

### Source

Source: 57 FR 3350, Jan. 29, 1992, unless otherwise noted.