[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: 42CFR498.70]



[Page 1100-1101]

 

                         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. 498.70  Dismissal for cause.



    On his or her own motion, or on the motion of a party to the 

hearing, the ALJ may dismiss a hearing request either entirely or as to 

any stated issue, under any of the following circumstances:

    (a) Res judicata. There has been a previous determination or 

decision with



[[Page 1101]]



respect to the rights of the same affected party on the same facts and 

law pertinent to the same issue or issues which has become final either 

by judicial affirmance or, without judicial consideration, because the 

affected party did not timely request reconsideration, hearing, or 

review, or commence a civil action with respect to that determination or 

decision.

    (b) No right to hearing. The party requesting a hearing is not a 

proper party or does not otherwise have a right to a hearing.

    (c) Hearing request not timely filed. The affected party did not 

file a hearing request timely and the time for filing has not been 

extended.