[Code of Federal Regulations]

[Title 42, Volume 3]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR498.45]



[Page 1097]

 

                         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 

IN THE MEDICARE PROGRAM AND FOR DETERMINATIONS THAT AFFECT THE 

PARTICIPATION OF ICFs/MR AND CERTAIN NFs IN THE MEDICAID PROGRAM--Table 

of Contents

 

                           Subpart D_Hearings

 

Sec. 498.45  Disqualification of Administrative Law Judge.



    (a) An ALJ may not conduct a hearing in a case in which he or she is 

prejudiced or partial to the affected party or has any interest in the 

matter pending for decision.

    (b) A party that objects to the ALJ designated to conduct the 

hearing must give notice of its objections at the earliest opportunity.

    (c) The ALJ will consider the objections and decide whether to 

withdraw or proceed with the hearing.

    (1) If the ALJ withdraws, another will be designated to conduct the 

hearing.

    (2) If the ALJ does not withdraw, the objecting party may, after the 

hearing, present its objections to the Departmental Appeals Board as 

reasons for changing, modifying, or reversing the ALJ's decision or 

providing a new hearing before another ALJ.