[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR160.504]



[Page 718]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 160_GENERAL ADMINISTRATIVE REQUIREMENTS--Table of Contents

 

                    Subpart E_Procedures for Hearings

 

Sec.  160.504  Hearing before an ALJ.



    (a) A respondent may request a hearing before an ALJ. The parties to 

the hearing proceeding consist of--

    (1) The respondent; and

    (2) The officer(s) or employee(s) of HHS to whom the enforcement 

authority involved has been delegated.

    (b) The request for a hearing must be made in writing signed by the 

respondent or by the respondent's attorney and sent by certified mail, 

return receipt requested, to the address specified in the notice of 

proposed determination. The request for a hearing must be mailed within 

90 days after notice of the proposed determination is received by the 

respondent. For purposes of this section, the respondent's date of 

receipt of the notice of proposed determination is presumed to be 5 days 

after the date of the notice unless the respondent makes a reasonable 

showing to the contrary to the ALJ.

    (c) The request for a hearing must clearly and directly admit, deny, 

or explain each of the findings of fact contained in the notice of 

proposed determination with regard to which the respondent has any 

knowledge. If the respondent has no knowledge of a particular finding of 

fact and so states, the finding shall be deemed denied. The request for 

a hearing must also state the circumstances or arguments that the 

respondent alleges constitute the grounds for any defense and the 

factual and legal basis for opposing the penalty, except that a 

respondent may raise an affirmative defense under Sec.  160.410(b)(1) at 

any time.

    (d) The ALJ must dismiss a hearing request where--

    (1) On motion of the Secretary, the ALJ determines that the 

respondent's hearing request is not timely filed as required by 

paragraphs (b) or does not meet the requirements of paragraph (c) of 

this section;

    (2) The respondent withdraws the request for a hearing;

    (3) The respondent abandons the request for a hearing; or

    (4) The respondent's hearing request fails to raise any issue that 

may properly be addressed in a hearing.