---
kind: "section"
citation: "42 C.F.R. § 488.207"
title: "42"
number: "488.207"
heading: "Informal hearing procedures."
url: "https://uscodex.org/cfr/42/488.207"
---

# §488.207. Informal hearing procedures.

- (a) CMS will provide written notice of the time and place of the informal hearing at least 10 days before the scheduled date.
- (b) The informal reconsideration hearing will be conducted in accordance with the following procedures—
  - (1) **The hearing is open to CMS and the organization requesting the reconsideration, including—**
    - (i) Authorized representatives;
    - (ii) Technical advisors (individuals with knowledge of the facts of the case or presenting interpretation of the facts); and
    - (iii) Legal counsel;
  - (2) The hearing is conducted by the hearing officer who receives testimony and documents related to the proposed action;
  - (3) Testimony and other evidence may be accepted by the hearing officer even though it would be inadmissable under the usual rules of court procedures;
  - (4) Either party may call witnesses from among those individuals specified in [paragraph (b)(1)](#b-1) of this section; and
  - (5) The hearing officer does not have the authority to compel by subpoena the production of witnesses, papers, or other evidence.

## Notes

### Source

Source: 57 FR 34012, July 31, 1992, unless otherwise noted.

### Authority

Authority: 42 U.S.C 1302 and 1395hh.

### Source

Source: 53 FR 22859, June 17, 1988, unless otherwise noted.