[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: 42CFR431.233]



[Page 38]

 

                         TITLE 42--PUBLIC HEALTH

 

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

                  HEALTH AND HUMAN SERVICES (CONTINUED)

 

PART 431_STATE ORGANIZATION AND GENERAL ADMINISTRATION--Table of Contents

 

          Subpart E_Fair Hearings for Applicants and Recipients

 

Sec.  431.233  State agency hearing after adverse decision of local 



evidentiary hearing.



    (a) Unless the applicant or recipient specifically requests a de 

novo hearing, the State agency hearing may consist of a review by the 

agency hearing officer of the record of the local evidentiary hearing to 

determine whether the decision of the local hearing officer was 

supported by substantial evidence in the record.

    (b) A person who participates in the local decision being appealed 

may not participate in the State agency hearing decision.