Code of Federal Regulations Title 42. Public Health § 42.498.86 Evidence admissible on review

(a) Except for provider or supplier enrollment appeals, the 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—

(d) If additional evidence is presented orally to the Board, a transcript is prepared and made available to any party upon request.