Regulations last checked for updates: Feb 16, 2025

Title 42 - Public Health last revised: Jan 23, 2025
§ 402.9 - Failure to request a hearing.

(a) If the respondent does not request a hearing within 60 days of receipt of the notice of proposed determination specified in § 402.7, any civil money penalty, assessment, or exclusion becomes final and CMS or OIG may impose the proposed penalty, assessment, or exclusion, or any less severe penalty, assessment, or suspension.

(b) CMS or OIG notifies the respondent by certified mail, return receipt requested, of any penalty, assessment, or exclusion that has been imposed and of the means by which the respondent may satisfy the judgment.

(c) The respondent has no right to appeal a penalty, assessment, or exclusion for which he or she has not requested a hearing.

authority: 42 U.S.C. 1302 and 1395hh
source: 63 FR 68690, Dec. 14, 1998, unless otherwise noted.
cite as: 42 CFR 402.9