§ 405.1008 - Parties to the proceedings on a request for an ALJ hearing.  


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  • § 405.1008 Parties to an ALJ hearing.

    (a) Who may request a hearing. Any party to the QIC's reconsideration may request a hearing before an ALJ. However, only the appellant (that is, the party that filed and maintained the request for reconsideration by a QIC) may request that the appeal be escalated to the ALJ level if the QIC does not complete its action within the time frame described in § 405.970.

    (b) Who are parties to the ALJ

    the proceedings on a request for an ALJ hearing.

    The party who filed the request for hearing and all other parties to the reconsideration are parties to the proceedings on a request for an ALJ hearing. In addition, a representative of CMS or its contractor may be a party under the circumstances described in § 405.1012.

    [82 FR 5110, Jan. 17, 2017]