---
kind: "section"
citation: "42 C.F.R. § 422.676"
title: "42"
number: "422.676"
heading: "Conduct of hearing."
url: "https://uscodex.org/cfr/42/422.676"
---

# §422.676. Conduct of hearing.

- (a) **The hearing is open to the parties and to the public.**
- (b) The hearing officer inquires fully into all the matters at issue and receives in evidence the testimony of witnesses and any documents that are relevant and material.
- (c) The hearing officer provides the parties an opportunity to enter any objection to the inclusion of any document.
- (d) The MA organization bears the burden of going forward and must first present evidence and argument before CMS presents its evidence and argument.

## Notes

### Amendments

[63 FR 35113, June 26, 1998, as amended at 75 FR 19813, Apr. 15, 2010]

### 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.

### Amendments

[63 FR 35113, June 26, 1998, as amended at 75 FR 19813, Apr. 15, 2010]