[Code of Federal Regulations] [Title 45, Volume 1] [Revised as of October 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 45CFR160.516] [Page 709-710] TITLE 45--PUBLIC WELFARE SUBTITLE A--DEPARTMENT OF HEALTH AND HUMAN SERVICES PART 160_GENERAL ADMINISTRATIVE REQUIREMENTS--Table of Contents Subpart E_Civil Money Penalties: Procedures for Investigations, Imposition of Penalties, and Hearings Sec. 160.516 Failure to request a hearing. If the respondent does not request a hearing within the time prescribed by Sec. 160.526, the Secretary must impose the proposed penalty or any less severe penalty permitted by 42 U.S.C. 1320d-5. [[Page 710]] The Secretary must notify the respondent by certified mail, return receipt requested, of any penalty that has been imposed and of the means by which the respondent may satisfy the penalty. The respondent has no right to appeal under Sec. 160.568 with respect to a penalty with respect to which the respondent has not timely requested a hearing.