§ 405.1102 - Request for Council review when ALJ or attorney adjudicator issues decision or dismissal.

§ 405.1102 Request for MAC Council review when ALJ or attorney adjudicator issues decision or dismissal.

Cross Reference

Link to an amendment published at 82 FR 5122, Jan. 17, 2017.

(a)

(1) A party to the ALJ hearing a decision or dismissal issued by an ALJ or attorney adjudicator may request a MAC Council review if the party files a written request for a MAC Council review within 60 calendar days after receipt of the ALJ's or attorney adjudicator's decision or dismissal.

(2) For purposes of this section, the date of receipt of the ALJ's or attorney adjudicator's decision or dismissal is presumed to be 5 calendar days after the date of the notice of the decision or dismissal, unless there is evidence to the contrary.

(3) The request is considered as filed on the date it is received by the entity specified in the notice of the ALJ's or attorney adjudicator's action.

(b) A party requesting a review may ask that the time for filing a request for MAC Council review be extended if - if—

(1) The request for an extension of time is in writing;

(2) It is filed with the MACCouncil; and

(3) It explains why the request for review was not filed within the stated time period. If the MAC Council finds that there is good cause for missing the deadline, the time period will be extended. To determine whether good cause exists, the MAC Council uses the standards outlined at §§ § 405.942(b)(2) and 405.942(b)(3).

(c) A party does not have the right to seek MAC Council review of an ALJ's or attorney adjudicator's remand to a QIC or an ALJ's , affirmation of a QIC's dismissal of a request for reconsideration, or dismissal of a request for review of a QIC dismissal.

(d) For purposes of requesting MAC Council review (§ §§ 405.1100 through § 405.1140), unless specifically excepted, the term “party”, “party,” includes CMS where CMS has entered into a case as a party according to § 405.1012. The term, “appellant,” does not include CMS, where CMS has entered into a case as a party according to § 405.1012.

[70 82 FR 114725122, MarJan. 8, 2005, as amended at 70 FR 37704, June 30, 2005; 74 FR 65336, Dec. 9, 200917, 2017]