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 Code of Federal Regulations (Last Updated: November 8, 2024)
 Title 42 - Public Health
 Chapter IV - Centers for Medicare & Medicaid Services, Department of Health and Human Services
 SubChapter G - Standards and Certification
 Part 498 - Appeals Procedures for Determinations That Affect Participation in the Medicare Program and for Determinations That Affect the Participation of Icfs/IID and Certain Nfs in the Medicaid Program
 Subpart D - Hearings

  § 498.74 - Administrative Law Judge's decision.  

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  • § 498.74 Administrative Law Judge's decision.

    (a) Timing, basis and content. As soon as practical after the close of the hearing, the ALJ issues a written decision in the case. The decision is based on the evidence of record and contains separate numbered findings of fact and conclusions of law.

    (b) Notice and effect. A copy of the decision is mailed to the parties and is binding on them unless -

    (1) A party requests review by the Departmental Appeals Board within the time period specified in § 498.82, and the Board reviews the case;

    (2) The Departmental Appeals Board denies the request for review and the party seeks judicial review by filing an action in a United States District Court or, in the case of a civil money penalty, in a United States Court of Appeals;

    (3) The decision is revised by an ALJ or the Departmental Appeals Board; or

    (4) The decision is a recommended decision directed to the Board.

    [52 FR 22446, June 12, 1987, as amended at 61 FR 32351, June 24, 1996]