(a) All hearings must be conducted—
- (1) At a reasonable time, date, and place;
- (2) Only after adequate written notice of the hearing; and
- (3) By one or more impartial officials or other individuals who have not been directly involved in the initial determination of the action in question.
- (b) If the hearing involves medical issues such as those concerning a diagnosis, an examining physician's report, or a medical review team's decision, and if the hearing officer considers it necessary to have a medical assessment other than that of the individual involved in making the original decision, such a medical assessment must be obtained at agency expense and made part of the record.
- (c) A hearing officer must have access to agency information necessary to issue a proper hearing decision, including information concerning State policies and regulations.
[44 FR 17932, Mar. 29, 1979, as amended at 78 FR 42302, July 15, 2013]