42 CFR § 1005.3 - Rights of parties.

---
identifier: "/us/cfr/t42/s1005.3"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "42 CFR § 1005.3 - Rights of parties."
title_number: 42
title_name: "Public Health"
section_number: "1005.3"
section_name: "Rights of parties."
chapter_name: "OFFICE OF INSPECTOR GENERAL-HEALTH CARE, DEPARTMENT OF HEALTH AND HUMAN SERVICES"
subchapter_number: "B"
subchapter_name: "OIG AUTHORITIES"
part_number: "1005"
part_name: "APPEALS OF EXCLUSIONS, CIVIL MONEY PENALTIES AND ASSESSMENTS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 405(a), 405(b), 1302, 1320a-7, 1320a-7a and 1320c-5."
regulatory_source: "57 FR 3350, Jan. 29, 1992, unless otherwise noted."
cfr_part: "1005"
---


# 1005.3 Rights of parties.

(a) Except as otherwise limited by this part, all parties may—

(1) Be accompanied, represented and advised by an attorney;

(2) Participate in any conference held by the ALJ;

(3) Conduct discovery of documents as permitted by this part;

(4) Agree to stipulations of fact or law which will be made part of the record;

(5) Present evidence relevant to the issues at the hearing;

(6) Present and cross-examine witnesses;

(7) Present oral arguments at the hearing as permitted by the ALJ; and

(8) Submit written briefs and proposed findings of fact and conclusions of law after the hearing.

(b) Fees for any services performed on behalf of a party by an attorney are not subject to the provisions of section 206 of title II of the Act, which authorizes the Secretary to specify or limit these fees.