(a) The hearing officer—
- (1) Fixes a time and place for the hearing, which is not to exceed 30 calendar days after the receipt of request for the hearing;
- (2) Sends written notice to the parties that informs the parties of the general and specific issues to be resolved, the burden of proof, and information about the hearing procedure.
(b)
- (1) The hearing officer may, on his or her own motion, change the time and place of the hearing.
- (2) The hearing officer may adjourn or postpone the hearing.
(c)
- (1) The Part D plan sponsor or CMS may request an extension by filing a written request no later than 10 calendar days prior to the scheduled hearing.
- (2) When either the Part D plan sponsor or CMS requests an extension the hearing officer will provide a one-time 15-calendar day extension.
- (3) Additional extensions may be granted at the discretion of the hearing officer.
[75 FR 19824, Apr. 15, 2010]