Dismissal of a request for hearing may be vacated by the Director, OCHAMPUS, or a designee, upon written request of the appealing party, if the request is received within 6 months of the date of the discover of dismissal mailed to the last known tackle of the celebration requesting the listening to. An appealing celebration shall be deemed to have abandoned a request for listening to if, before task of the case to the listening to officer, OCHAMPUS is unable to locate both the appealing party or an appointed consultant. The hearing officer in exercising the authority to conduct a listening to beneath this half shall be bound by 10 U.S.C. chapter 55 and this half. The hearing officer in addressing substantive, appealable points shall be sure by coverage manuals, directions, procedures, and other pointers issued by the ASD, or a designee, or by the Director, OCHAMPUS, or a designee, in effect for the interval in which the matter in dispute arose. A hearing officer may not set up or amend coverage, procedures, directions, or guidelines. However, the listening to officer may advocate reconsideration of the coverage, procedures, instructions or tips by the ASD, or a designee, when the ultimate choice is issued within the case.

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A ultimate company determination underneath paragraph of this part is not going to be relied on, used, or cited as precedent by the Department of Defense within the administration of CHAMPUS. When the appealing celebration who filed the listening to request dies, and there is no data earlier than the Director, OCHAMPUS, or a designee, showing that a party to the preliminary determination who isn’t an appealing get together may be prejudiced by the formal review determination. By stipulation of the events to the listening to. A request for a listening to could also be dismissed by the Director, OCHAMPUS, or a designee, at any time before to the mailing of discover of the ultimate choice beneath a stipulation settlement between the interesting get together and OCHAMPUS. When dismissal is entered under a stipulation, the formal evaluate choice shall be deemed final, except the dismissal is vacated in accordance with paragraph of this section.

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Additionally, the notice shall advise the appealing get together of his or her duty to furnish the hearing officer, no later than 7 days before the scheduled date of the listening to, an inventory of all witnesses who will testify and a duplicate of all additional information to be introduced at the listening to. The time and place of the listening to shall be decided by the listening to officer, who shall choose an affordable time and location mutually handy to the interesting party and OCHAMPUS. The request shall be mailed inside 60 days after the date of the notice of the preliminary dedication or formal evaluation willpower being appealed.

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