[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: 42CFR430.102]



[Page 19]

 

                         TITLE 42--PUBLIC HEALTH

 

  CHAPTER IV--CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF 

                  HEALTH AND HUMAN SERVICES (CONTINUED)

 

PART 430_GRANTS TO STATES FOR MEDICAL ASSISTANCE PROGRAMS--Table of 

 

Subpart D_Hearings on Conformity of State Medicaid Plans and Practice to 

                          Federal Requirements

 

Sec.  430.102  Decisions following hearing.



    (a) Administrator presides. If the presiding officer is the 

Administrator, he or she issues the hearing decision within 60 days 

after expiration of the period for submission of posthearing briefs.

    (b) Administrator's designee presides. If the presiding officer is 

other than the Administrator, the procedure is as follows:

    (1) Upon expiration of the period allowed for submission of 

posthearing briefs, the presiding officer certifies the entire record, 

including his or her recommended findings and proposed decision, to the 

Administrator. The Administrator serves a copy of the recommended 

findings and proposed decision upon all parties and amici, if any.

    (2) Any party may, within 20 days, file with the Administrator 

exceptions to the recommended findings and proposed decision and a 

supporting brief or statement.

    (3) The Administrator reviews the recommended decision and, within 

60 days of its issuance, issues his or her own decision.

    (c) Effect of Administrator's decision. The decision of the 

Administrator under this section is the final decision of the Secretary 

and constitutes ``final agency action'' within the meaning of 5 U.S.C. 

704 and a ``final determination'' within the meaning of section 

1116(a)(3) of the Act and Sec.  430.38. The Administrator's decision is 

promptly served on all parties and amici.