[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: 42CFR498.76]



[Page 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. 498.76  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.