---
kind: "section"
citation: "42 C.F.R. § 422.668"
title: "42"
number: "422.668"
heading: "Disqualification of hearing officer."
url: "https://uscodex.org/cfr/42/422.668"
---

# §422.668. Disqualification of hearing officer.

- (a) A hearing officer may not conduct a hearing in a case in which he or she is prejudiced or partial to any party or has any interest in the matter pending for decision.
- (b) A party to the hearing who objects to the designated hearing officer must notify that officer in writing at the earliest opportunity.
- (c) The hearing officer must consider the objections, and may, at his or her discretion, either proceed with the hearing or withdraw.
  - (1) If the hearing officer withdraws, CMS designates another hearing officer to conduct the hearing.
  - (2) If the hearing officer does not withdraw, the objecting party may, after the hearing, present objections and request that the officer's decision be revised or a new hearing be held before another hearing officer. The objections must be submitted in writing to CMS.

## Notes

### Source

Source: 63 FR 35113, June 26, 1998, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 1302, 1306, 1395w-21 through 1395w-28, and 1395hh.

### Source

Source: 63 FR 18134, Apr. 14, 1998, unless otherwise noted.