[Code of Federal Regulations]
[Title 20, Volume 2]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR498.202]

[Page 1201]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
               CHAPTER III--SOCIAL SECURITY ADMINISTRATION
 
PART 498_CIVIL MONETARY PENALTIES, ASSESSMENTS AND RECOMMENDED EXCLUSIONS
--Table of Contents
 
Sec. 498.202  Hearing before an administrative law judge.

    (a) A party sanctioned under any criteria specified in Sec. Sec. 
498.100 through 498.132 may request a hearing before an ALJ.
    (b) In civil monetary penalty cases, the parties to a hearing will 
consist of the respondent and the Inspector General.
    (c) The request for a hearing must be:
    (1) In writing and signed by the respondent or by the respondent's 
attorney; and
    (2) Filed within 60 days after the notice, provided in accordance 
with Sec. 498.109, is received by the respondent or upon a showing of 
good cause, the time permitted by an ALJ.
    (d) The request for a hearing shall contain a statement as to the:
    (1) Specific issues or findings of fact and conclusions of law in 
the notice letter with which the respondent disagrees; and
    (2) Basis for the respondent's contention that the specific issues 
or findings and conclusions were incorrect.
    (e) For purposes of this section, the date of receipt of the notice 
letter will be presumed to be five days after the date of such notice, 
unless there is a reasonable showing to the contrary.
    (f) The ALJ shall dismiss a hearing request where:
    (1) The respondent's hearing request is not filed in a timely manner 
and the respondent fails to demonstrate good cause for such failure;
    (2) The respondent withdraws or abandons respondent's request for a 
hearing; or
    (3) The respondent's hearing request fails to raise any issue which 
may properly be addressed in a hearing under this part.

[61 FR 65468, Dec. 13, 1996]