§150.437 Submission of briefs and proposed hearing exhibits

(a) Within 60 days of its receipt of the acknowledgment provided for in §150.431, the respondent must file the following with the ALJ:

(1) A statement of its arguments concerning CMS’s notice of assessment (respondent’s brief), including citations to the respondent’s hearing exhibits provided in accordance with paragraph (a)(2) of this section. The brief may not address factual or legal bases for the assessment that the respondent did not identify as disputed in its request for hearing or in an amendment to that request permitted by the ALJ.

(2) All documents (including any affidavits) supporting its arguments, tabbed and organized chronologically and accompanied by an indexed list identifying each document (respondent’s proposed hearing exhibits).

(3) A statement regarding whether there is a need for an in-person hearing and, if so, a list of proposed witnesses and a summary of their expected testimony that refers to any factual dispute to which the testimony will relate.

(4) Any stipulations or admissions.

(b) Within 30 days of its receipt of the respondent’s submission required by paragraph (a) of this section, CMS will file the following with the ALJ:

(1) A statement responding to the respondent’s brief, including the respondent’s proposed hearing exhibits, if appropriate. The statement may include citations to CMS’s proposed hearing exhibits submitted in accordance with paragraph (b)(2) of this section.

(2) Any documents supporting CMS’s response not already submitted as part of the respondent’s proposed hearing exhibits, organized and indexed as indicated in paragraph (a)(2) of this section (CMS’s proposed hearing exhibits).

(3) A statement regarding whether there is a need for an in-person hearing and, if so, a list of proposed witnesses and a summary of their expected testimony that refers to any factual dispute to which the testimony will relate.

(4) Any admissions or stipulations.

(c) Within 15 days of its receipt of CMS’s submission required by paragraph (b) of this section, the respondent may file with the ALJ a reply to CMS’s submission.