- (a) The hearing is open to the parties and to the public.
- (b) The hearing officer inquires fully into all the matters at issue and receives in evidence the testimony of witnesses and any documents that are relevant and material.
- (c) The hearing officer provides the parties an opportunity to enter any objection to the inclusion of any document.
- (d) The MA organization bears the burden of going forward and must first present evidence and argument before CMS presents its evidence and argument.
[63 FR 35113, June 26, 1998, as amended at 75 FR 19813, Apr. 15, 2010]