---
kind: "section"
citation: "42 C.F.R. § 431.240"
title: "42"
number: "431.240"
heading: "Conducting the hearing."
url: "https://uscodex.org/cfr/42/431.240"
---

# §431.240. Conducting the hearing.

- (a) All hearings must be conducted—
  - (1) At a reasonable time, date, and place;
  - (2) Only after adequate written notice of the hearing; and
  - (3) By one or more impartial officials or other individuals who have not been directly involved in the initial determination of the action in question.
- (b) If the hearing involves medical issues such as those concerning a diagnosis, an examining physician's report, or a medical review team's decision, and if the hearing officer considers it necessary to have a medical assessment other than that of the individual involved in making the original decision, such a medical assessment must be obtained at agency expense and made part of the record.
- (c) A hearing officer must have access to agency information necessary to issue a proper hearing decision, including information concerning State policies and regulations.

## Notes

### Amendments

[44 FR 17932, Mar. 29, 1979, as amended at 78 FR 42302, July 15, 2013]

### Source

Source: 44 FR 17932, Mar. 29, 1979, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 1302.

### Source

Source: 43 FR 45188, Sept. 29, 1978, unless otherwise noted.

### Amendments

[44 FR 17932, Mar. 29, 1979, as amended at 78 FR 42302, July 15, 2013]