Regulations last checked for updates: Nov 24, 2024

Title 45 - Public Welfare last revised: Nov 19, 2024
§ 1174.12 - Notice of hearing.

(a) When the ALJ receives the complaint and the answer, the ALJ will promptly serve a notice of hearing upon the defendant and the authority's representative in the same manner as the complaint. The ALJ must serve the notice of oral hearing within six years of the date on which the claim or statement was made.

(b) The hearing is a formal proceeding conducted by the ALJ during which a defendant will have the opportunity to cross-examine witnesses, present testimony, and dispute liability.

(c) The notice of hearing must include:

(1) The tentative date, time, and place of the hearing;

(2) The legal authority and jurisdiction under which the hearing is being held;

(3) The matters of fact and law to be asserted;

(4) A description of the procedures for the conduct of the hearing;

(5) The name, address, and telephone number of the defendant's representative and the representative for the authority; and

(6) Such other matters as the ALJ deems appropriate.

authority: 31 U.S.C. 3801-3812; 5 U.S.C. App. 8G(a)(2)
source: 86 FR 44628, Aug. 13, 2021, unless otherwise noted.
cite as: 45 CFR 1174.12