42 CFR 488.207 - Informal hearing procedures.
(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) 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.