[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: 42CFR498.69]



[Page 1108]

 

                         TITLE 42--PUBLIC HEALTH

 

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

                  HEALTH AND HUMAN SERVICES (CONTINUED)

 

PART 498_APPEALS PROCEDURES FOR DETERMINATIONS THAT AFFECT 

 

                           Subpart D_Hearings

 

Sec.  498.69  Dismissal for abandonment.



    (a) The ALJ may dismiss a request for hearing if it is abandoned by 

the party that requested it.

    (b) The ALJ may consider a request for hearing to be abandoned if 

the party or its representative--

    (1) Fails to appear at the prehearing conference or hearing without 

having previously shown good cause for not appearing; and

    (2) Fails to respond, within 10 days after the ALJ sends a ``show 

cause'' notice, with a showing of good cause.