42 C.F.R. § 10.23 : Public Health — PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES — GENERAL PROVISIONS — 340B DRUG PRICING PROGRAM — ADMINISTRATIVE DISPUTE RESOLUTION — Conduct of the ADR proceeding

(a) The 340B ADR Panel will determine, in its own discretion, the most efficient and practical form of the ADR proceeding. Unless the matter is resolved through a motion to dismiss or summary judgment under Rule 56, the 340B ADR Panel shall conduct an evidentiary hearing when there are material facts in dispute. The ADR proceeding may be conducted by video conference, in-person, or through other means.
(b) The 340B ADR Panel will determine the proper course of conduct in an ADR proceeding. Unless the parties agree otherwise and the 340B ADR Panel concurs, the Federal Rules of Civil Procedure, to the extent applicable, shall govern the proceedings.
(c) Unless the parties agree otherwise and the 340B ADR Panel concurs, the Federal Rules of Evidence shall apply to the proceedings.
(d) The 340B ADR Panel may issue additional instructions or guidance as may be necessary or desirable governing the conduct of ADR proceedings.

42 C.F.R. §10.23

85 FR 80644, 1/13/2021