---
kind: "section"
citation: "20 C.F.R. § 498.109"
title: "20"
number: "498.109"
heading: "Notice of proposed determination."
url: "https://uscodex.org/cfr/20/498.109"
---

# §498.109. Notice of proposed determination.

- (a) If the Office of the Inspector General seeks to impose a penalty and assessment, as applicable, it will serve written notice of the intent to take such action. The notice will include:
  - (1) Reference to the statutory basis for the proposed penalty and assessment, as applicable;
  - (2) A description of the false statements, representations, other actions (as described in § [498.102(a)](/cfr/20/498.102.md?p=a) and [(b)](/cfr/20/498.102.md?p=b)), and incidents, as applicable, with respect to which the penalty and assessment, as applicable, are proposed;
  - (3) The amount of the proposed penalty and assessment, as applicable;
  - (4) Any circumstances described in [§ 498.106](/cfr/20/498.106.md) that were considered when determining the amount of the proposed penalty and assessment, as applicable; and
  - (5) Instructions for responding to the notice, including
    - (i) A specific statement of respondent's right to a hearing; and
    - (ii) A statement that failure to request a hearing within 60 days permits the imposition of the proposed penalty and assessment, as applicable, without right of appeal.
- (b) Any person upon whom the Office of the Inspector General has proposed the imposition of a penalty and assessment, as applicable, may request a hearing on such proposed penalty and assessment.
- (c) If the respondent fails to exercise the respondent's right to a hearing within the time permitted under this section, and does not demonstrate good cause for such failure before an administrative law judge, any penalty and assessment, as applicable, becomes final.

## Notes

### Amendments

[61 FR 18080, Apr. 24, 1996, as amended at 71 FR 28581, May 17, 2006]

### Authority

Authority: Secs. 702(a)(5), 1129, and 1140 of the Social Security Act (42 U.S.C. 902(a)(5), 1320a-8, and 1320b-10).

### Source

Source: 60 FR 58226, Nov. 27, 1995, unless otherwise noted.

### Amendments

[61 FR 18080, Apr. 24, 1996, as amended at 71 FR 28581, May 17, 2006]