42 CFR 426.505 - Authority of the Board.
(a) The Board conducts a fair and impartial hearing, avoids unnecessary delay, maintains order, and ensures that all proceedings are recorded.
(b) The Board defers only to reasonable findings of fact, reasonable interpretations of law, and reasonable applications of fact to law by the Secretary.
(2) Dismiss complaints that fail to comply with § 426.500.
(5) Hold conferences to identify or simplify the issues, or to consider other matters that may aid in the expeditious disposition of the proceeding.
(6) Consult with scientific and clinical experts on its own motion, concerning clinical or scientific evidence.
(11) Issue subpoenas requiring the production of existing documents before, and relating to, the hearing as permitted by this part.
(13) Stay the proceeding in accordance with § 426.340.
(18) Decide cases, upon the motion of a party, by summary judgment when there is no disputed issue of material fact.
(19) Conduct any conference, argument, or hearing in person or, upon agreement of the parties, by telephone, picture-tel, or any other means.
(21) Exclude a party from an NCD review for failure to comply with a Board order or procedural request without good cause.
(22) Stay the proceedings for a reasonable time when all parties voluntarily agree to mediation or negotiation, and provide mediation services upon request.
(1) Conduct an LCD review or conduct LCD hearings, except as provided by § 426.465.
(2) Conduct an NCD review or conduct NCD hearings on its own motion or on the motion of a nonaggrieved party.
(3) Issue a decision based on any new evidence without following § 426.340, regarding procedures for review of new evidence.
(6) Conduct a review of the merits of an unacceptable NCD complaint as discussed in § 426.510.
(7) Conduct an NCD review of any policy that is not an NCD, as defined in § 400.202 of this chapter.
(iv) Third parties with a clearly identifiable and substantial interest in the outcome of the dispute who have petitioned for and been granted permission by the Board to participate in the proceedings as amicus curiae.
(9) Compel the parties to participate in a mediation process or to engage in settlement negotiations.
(13) Subject to the timely filing requirements, deny an aggrieved party, CMS, or its contractor the right to appeal an ALJ decision.
Title 42 published on 2013-10-01
no entries appear in the Federal Register after this date.