---
kind: "section"
citation: "45 C.F.R. § 172.606"
title: "45"
number: "172.606"
heading: "Adjudication."
url: "https://uscodex.org/cfr/45/172.606"
---

# §172.606. Adjudication.

- (a) The hearing officer will decide issues of law and fact de novo and will apply a preponderance of the evidence standard when deciding appeals.
- (b) In making a determination, the hearing officer may consider:
  - (1) **The written record, which includes—**
    - (i) The RCE's or ASTP/ONC's determination and supporting information; and
    - (ii) Appeal materials submitted by the Applicant QHIN or QHIN under [§ 172.603](/cfr/45/172.603.md).
  - (2) **Any information from a hearing conducted in-person, via telephone, or otherwise.** The hearing officer has sole discretion to conduct a hearing:
    - (i) To require either party to clarify the written record under [paragraph (b)(1)](#b-1) of this section; or
    - (ii) If the hearing officer otherwise determines a hearing is necessary.
- (c) The hearing officer will neither receive witness testimony nor accept any new information beyond what was provided in accordance with [paragraph (b)](#b) of this section, except for good cause shown by the party seeking to submit new information.

## Notes

### Authority

Authority: 42 U.S.C. 300jj-11; 5 U.S.C. 552.

### Source

Source: 89 FR 101810, Dec. 16, 2024, unless otherwise noted.