[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: 42CFR498.70]



[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.  498.70  Dismissal for cause.



    On his or her own motion, or on the motion of a party to the 

hearing, the ALJ may dismiss a hearing request either entirely or as to 

any stated issue, under any of the following circumstances:

    (a) Res judicata. There has been a previous determination or 

decision with respect to the rights of the same affected party on the 

same facts and law pertinent to the same issue or issues which has 

become final either by judicial affirmance or, without judicial 

consideration, because the affected party did not timely request 

reconsideration, hearing, or review, or commence a civil action with 

respect to that determination or decision.

    (b) No right to hearing. The party requesting a hearing is not a 

proper party or does not otherwise have a right to a hearing.

    (c) Hearing request not timely filed. The affected party did not 

file a hearing request timely and the time for filing has not been 

extended.