[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: 42CFR1005.22]



[Page 1204-1205]

 

                         TITLE 42--PUBLIC HEALTH

 

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

 

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

 

Sec.  1005.22  Stay of initial decision.



    (a) In a CMP case under section 1128A of the Act, the filing of a 

respondent's request for review by the DAB will automatically stay the 

effective date of the ALJ's decision.



[[Page 1205]]



    (b) (1) After the DAB renders a decision in a CMP case, pending 

judicial review, the respondent may file a request for stay of the 

effective date of any penalty or assessment with the ALJ. The request 

must be accompanied by a copy of the notice of appeal filed with the 

Federal court. The filing of such a request will automatically act to 

stay the effective date of the penalty or assessment until such time as 

the ALJ rules upon the request.

    (2) The ALJ may not grant a respondent's request for stay of any 

penalty or assessment unless the respondent posts a bond or provides 

other adequate security.

    (3) The ALJ will rule upon a respondent's request for stay within 10 

days of receipt.