---
kind: "section"
citation: "20 C.F.R. § 498.202"
title: "20"
number: "498.202"
heading: "Hearing before an administrative law judge."
url: "https://uscodex.org/cfr/20/498.202"
---

# §498.202. Hearing before an administrative law judge.

- (a) A party sanctioned under any criteria specified in [§§ 498.100 through 498.132](/cfr/20/498.100..498.132.md) may request a hearing before an ALJ.
- (b) In civil monetary penalty cases, the parties to a hearing will consist of the respondent and the Inspector General.
- (c) The request for a hearing must be:
  - (1) In writing and signed by the respondent or by the respondent's attorney; and
  - (2) Filed within 60 days after the notice, provided in accordance with [§ 498.109](/cfr/20/498.109.md), is received by the respondent or upon a showing of good cause, the time permitted by an ALJ.
- (d) The request for a hearing shall contain a statement as to the:
  - (1) Specific issues or findings of fact and conclusions of law in the notice letter with which the respondent disagrees; and
  - (2) Basis for the respondent's contention that the specific issues or findings and conclusions were incorrect.
- (e) For purposes of this section, the date of receipt of the notice letter will be presumed to be five days after the date of such notice, unless there is a reasonable showing to the contrary.
- (f) The ALJ shall dismiss a hearing request where:
  - (1) The respondent's hearing request is not filed in a timely manner and the respondent fails to demonstrate good cause for such failure;
  - (2) The respondent withdraws or abandons respondent's request for a hearing; or
  - (3) The respondent's hearing request fails to raise any issue which may properly be addressed in a hearing under this part.

## Notes

### Amendments

[61 FR 65468, Dec. 13, 1996]

### 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 65468, Dec. 13, 1996]