---
kind: "section"
citation: "42 C.F.R. § 423.1016"
title: "42"
number: "423.1016"
heading: "Filing of briefs with the Administrative Law Judge or Departmental Appeals Board, and opportunity for rebuttal."
url: "https://uscodex.org/cfr/42/423.1016"
---

# §423.1016. Filing of briefs with the Administrative Law Judge or Departmental Appeals Board, and opportunity for rebuttal.

- (a) **Filing of briefs and related documents.** If a party files a brief or related document such as a written argument, contention, suggested finding of fact, conclusion of law, or any other written statement, it must submit an original and 1 copy to the ALJ or the Departmental Appeals Board, as appropriate. The material may be filed by mail or in person and must include a statement certifying that a copy has been furnished to the other party.
- (b) **Opportunity for rebuttal.**
  - (1) The other party will have 20 calendar days from the date of mailing or in person filing to submit any rebuttal statement or additional evidence. If a party submits a rebuttal statement or additional evidence, it must file an original and 1 copy with the ALJ or the Board and furnish a copy to the other party.
  - (2) The ALJ or the Board will grant an opportunity to reply to the rebuttal statement only if the party shows good cause.

## Notes

### Amendments

[72 FR 68736, Dec. 5, 2007, as amended at 79 FR 29966, May 23, 2014]

### Source

Source: 72 FR 68736, Dec. 5, 2007, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 1302, 1306, 1395w-101 through 1395w-152, and 1395hh.

### Source

Source: 70 FR 4525, Jan. 28, 2005, unless otherwise noted.

### Amendments

[72 FR 68736, Dec. 5, 2007, as amended at 79 FR 29966, May 23, 2014]