[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: 42CFR1005.20]



[Page 1203-1204]

 

                         TITLE 42--PUBLIC HEALTH

 

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

 

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

 

Sec.  1005.20  Initial decision.



    (a) The ALJ will issue an initial decision, based only on the 

record, which will contain findings of fact and conclusions of law.

    (b) The ALJ may affirm, increase or reduce the penalties, assessment 

or exclusion proposed or imposed by the IG, or reverse the imposition of 

the exclusion. In exclusion cases where the period of exclusion 

commenced prior to the hearing, any period of exclusion imposed by the 

ALJ will be deemed to commence on the date such exclusion originally 

went into effect.

    (c) The ALJ will issue the initial decision to all parties within 60 

days after the time for submission of post-hearing briefs and reply 

briefs, if permitted, has expired. The decision will be accompanied by a 

statement describing the right of any party to file a notice of appeal 

with the DAB and instructions for how to file such appeal. If the ALJ 

fails to meet the deadline contained in this paragraph, he or she will 

notify the parties of the reason for the delay and will set a new 

deadline.

    (d) Except for exclusion actions taken in accordance with Sec.  

1001.2003 of this chapter and as provided in paragraph (e) of this 

section, unless the initial decision is appealed to the DAB, it will be 

final and binding on the parties 30 days after the ALJ serves the 

parties with a copy of the decision. If service is by mail, the date of 

service will be deemed to be 5 days from the date of mailing.

    (e) If an extension of time within which to appeal the initial 

decision is



[[Page 1204]]



granted under Sec.  1005.21(a), except as provided in Sec.  1005.22(a), 

the initial decision will become final and binding on the day following 

the end of the extension period.



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