---
kind: "section"
citation: "42 C.F.R. § 423.655"
title: "42"
number: "423.655"
heading: "Time and place of hearing."
url: "https://uscodex.org/cfr/42/423.655"
---

# §423.655. Time and place of hearing.

- (a) **The hearing officer—**
  - (1) Fixes a time and place for the hearing, which is not to exceed 30 calendar days after the receipt of request for the hearing;
  - (2) Sends written notice to the parties that informs the parties of the general and specific issues to be resolved, the burden of proof, and information about the hearing procedure.
- (b)
  - (1) **The hearing officer may, on his or her own motion, change the time and place of the hearing.**
  - (2) The hearing officer may adjourn or postpone the hearing.
- (c)
  - (1) The Part D plan sponsor or CMS may request an extension by filing a written request no later than 10 calendar days prior to the scheduled hearing.
  - (2) When either the Part D plan sponsor or CMS requests an extension the hearing officer will provide a one-time 15-calendar day extension.
  - (3) Additional extensions may be granted at the discretion of the hearing officer.

## Notes

### Amendments

[75 FR 19824, Apr. 15, 2010]

### 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

[75 FR 19824, Apr. 15, 2010]