42 C.F.R. § 498.86 Evidence admissible on review.
Title 42 - Public Health
(a) The Departmental Appeals Board may admit evidence into the record in addition to the evidence introduced at the ALJ hearing, (or the documents considered by the ALJ if the hearing was waived), if the Board considers that the additional evidence is relevant and material to an issue before it. (b) If it appears to the Board that additional relevant evidence is available, the Board will require that it be produced. (c) Before additional evidence is admitted into the record— (1) Notice is mailed to the parties (unless they have waived notice) stating that evidence will be received regarding specified issues; and (2) The parties are given a reasonable time to comment and to present other evidence pertinent to the specified issues. (d) If additional evidence is presented orally to the Board, a transcript is prepared and made available to any party upon request.
Title 42: Public Health
PART 498—APPEALS PROCEDURES FOR DETERMINATIONS THAT AFFECT PARTICIPATION IN THE MEDICARE PROGRAM AND FOR DETERMINATIONS THAT AFFECT THE PARTICIPATION OF ICFs/MR AND CERTAIN NFs IN THE MEDICAID PROGRAM
Subpart E—Departmental Appeals Board Review
§ 498.86 Evidence admissible on review.
