[Code of Federal Regulations]

[Title 42, Volume 4]

[Revised as of October 1, 2006]

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

[CITE: 42CFR1005.2]



[Page 1197]

 

                         TITLE 42--PUBLIC HEALTH

 

      GENERAL--HEALTH CARE, DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

PART 1005_APPEALS OF EXCLUSIONS, CIVIL MONEY PENALTIES AND ASSESSMENTS--

 

Sec.  1005.2  Hearing before an administrative law judge.



    (a) A party sanctioned under any criteria specified in parts 1001, 

1003 and 1004 of this chapter may request a hearing before an ALJ.

    (b) In exclusion cases, the parties to the proceeding will consist 

of the petitioner and the IG. In civil money penalty cases, the parties 

to the proceeding will consist of the respondent and the IG.

    (c) The request for a hearing will be made in writing to the DAB; 

signed by the petitioner or respondent, or by his or her attorney; and 

sent by certified mail. The request must be filed within 60 days after 

the notice, provided in accordance with Sec. Sec.  1001.2002, 1001.203 

or 1003.109, is received by the petitioner or respondent. For purposes 

of this section, the date of receipt of the notice letter will be 

presumed to be 5 days after the date of such notice unless there is a 

reasonable showing to the contrary.

    (d) The request for a hearing will contain a statement as to the 

specific issues or findings of fact and conclusions of law in the notice 

letter with which the petitioner or respondent disagrees, and the basis 

for his or her contention that the specific issues or findings and 

conclusions were incorrect.

    (e) The ALJ will dismiss a hearing request where--

    (1) The petitioner's or the respondent's hearing request is not 

filed in a timely manner;

    (2) The petitioner or respondent withdraws his or her request for a 

hearing;

    (3) The petitioner or respondent abandons his or her request for a 

hearing; or

    (4) The petitioner's or respondent's hearing request fails to raise 

any issue which may properly be addressed in a hearing.



[57 FR 3350, Jan. 29, 1992, as amended at 65 FR 24418, Apr. 26, 2000]