§ 405.1124 - Oral argument.

§ 405.1124 Oral argument.

Cross Reference

Link to an amendment published at 82 FR 5124, Jan. 17, 2017.

A party may request to appear before the MAC Council to present oral argument.

(a) The MAC Council grants a request for oral argument if it decides that the case raises an important question of law, policy, or fact that cannot be readily decided based on written submissions alone.

(b) The MAC Council may decide on its own that oral argument is necessary to decide the issues in the case. If the MAC Council decides to hear oral argument, it tells the parties of the time and place of the oral argument at least 10 calendar days before the scheduled date.

(c) In case of a previously unrepresented beneficiary, a newly hired representative may request an extension of time for preparation of the oral argument and the MAC Council must consider whether the extension is reasonable.

(d) The MAC Council may also request, but not require, CMS or its contractor to appear before it if the MAC Council determines that it may be helpful in resolving the issues in the case.

(e) The MAC Council will not draw any inference if CMS or a contractor decides not to participate in the oral argument.

[70 FR 11472, Mar. 8, 2005, as amended at 74 FR 65338, Dec. 9, 2009; 82 FR 5124, Jan. 17, 2017]