[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: 42CFR498.82]



[Page 1109]

 

                         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 E_Departmental Appeals Board Review

 

Sec.  498.82  Request for Departmental Appeals Board review.



    (a) Manner and time of filing. (1) Any party that is dissatisfied 

with an ALJ's decision or dismissal of a hearing request, may file a 

written request for review by the Departmental Appeals Board.

    (2) The requesting party or its representative or other authorized 

official must file the request with the OHA within 60 days from receipt 

of the notice of decision or dismissal, unless the Board, for good cause 

shown by the requesting party, extends the time for filing. The rules 

set forth in Sec.  498.40(c) apply to extension of time for requesting 

Departmental Appeals Board review. (The date of receipt of notice is 

determined in accordance with Sec.  498.22(c)(3).)

    (b) Content of request for review. A request for review of an ALJ 

decision or dismissal must specify the issues, the findings of fact or 

conclusions of law with which the party disagrees, and the basis for 

contending that the findings and conclusions are incorrect.