42 CFR 423.1060 - Dismissal for abandonment.

Regulations last checked for updates: Nov 25, 2024

Title 42 - Public Health last revised: Nov 19, 2024

§ 423.1060 - 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 calendar days after the ALJ sends a “show cause” notice, with a showing of good cause.

authority: 42 U.S.C. 1302,1306,1395w,and

source: 70 FR 4525, Jan. 28, 2005, unless otherwise noted.

cite as: 42 CFR 423.1060