---
kind: "section"
citation: "42 C.F.R. § 423.658"
title: "42"
number: "423.658"
heading: "Conduct of hearing."
url: "https://uscodex.org/cfr/42/423.658"
---

# §423.658. 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 Part D sponsor bears the burden of going forward and must first present evidence and argument before CMS presents its evidence and argument.

## Notes

### Amendments

[70 FR 4525, Jan. 28, 2005, as amended at 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

[70 FR 4525, Jan. 28, 2005, as amended at 75 FR 19824, Apr. 15, 2010]