[Code of Federal Regulations] [Title 42, Volume 3] [Revised as of October 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 42CFR498.76] [Page 1100] TITLE 42--PUBLIC HEALTH CHAPTER IV--CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES (CONTINUED) PART 498_APPEALS PROCEDURES FOR DETERMINATIONS THAT AFFECT PARTICIPATION Subpart D_Hearings Sec. 498.76 Removal of hearing to Departmental Appeals Board. (a) At any time before the ALJ receives oral testimony, the Board may remove to itself any pending request for a hearing. (b) Notice of removal is mailed to each party. (c) The Board conducts the hearing in accordance with the rules that apply to ALJ hearings under this subpart.