[Code of Federal Regulations]

[Title 42, Volume 1]

[Revised as of October 1, 2005]

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

[CITE: 42CFR8.28]



[Page 73-74]

 

                         TITLE 42--PUBLIC HEALTH

 

    CHAPTER I--PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN 

                                SERVICES

 

PART 8_CERTIFICATION OF OPIOID TREATMENT PROGRAMS--Table of Contents

 

Subpart C_Procedures for Review of Suspension or Proposed Revocation of 

    OTP Certification, and of Adverse Action Regarding Withdrawal of 

                    Approval of an Accreditation Body

 

Sec. 8.28  Expedited procedures for review of immediate suspension.



    (a) Applicability. When the Secretary notifies a treatment program 

in writing that its certification has been immediately suspended, the 

appellant may request an expedited review of the suspension and any 

proposed revocation. The appellant must submit this request in writing 

to the reviewing official within 10 days of the date the OTP received 

notice of the suspension. The request for review must include a copy of 

the suspension and any proposed revocation, a brief statement of why the 

decision to suspend and propose revocation is incorrect, and the 

appellant's request for an oral presentation, if desired. A copy of the 

request for review must also be sent to the respondent.

    (b) Reviewing official's response. As soon as practicable after the 

request for review is received, the reviewing official will send an 

acknowledgment with a copy to the respondent.

    (c) Review file and briefs. Within 10 days of the date the request 

for review is received, but no later than 2 days before an oral 

presentation, each party shall submit to the reviewing official the 

following:

    (1) A review file containing essential documents relevant to the 

review, tabbed, indexed, and organized chronologically; and



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    (2) A written statement, not to exceed 20 double-spaced pages, 

explaining the party's position concerning the suspension and any 

proposed revocation. No reply brief is permitted.

    (d) Oral presentation. If an oral presentation is requested by the 

appellant or otherwise granted by the reviewing official in accordance 

with Sec. 8.27(a), the presiding official will attempt to schedule the 

oral presentation within 20 to 30 days of the date of appellant's 

request for review at a time and place determined by the presiding 

official following consultation with the parties. The presiding official 

may hold a pre-hearing conference in accordance with Sec. 8.27(c) and 

will conduct the oral presentation in accordance with the procedures of 

Sec. Sec. 8.27(e), (f), and (g).

    (e) Written decision. The reviewing official shall issue a written 

decision upholding or denying the suspension or proposed revocation and 

will attempt to issue the decision within 7 to 10 days of the date of 

the oral presentation or within 3 days of the date on which the 

transcript is received or the date of the last submission by either 

party, whichever is later. All other provisions set forth in Sec. 8.33 

apply.

    (f) Transmission of written communications. Because of the 

importance of timeliness for these expedited procedures, all written 

communications between the parties and between either party and the 

reviewing official shall be sent by facsimile transmission, personal 

service, or commercial overnight delivery service.