---
kind: "section"
citation: "20 C.F.R. § 498.223"
title: "20"
number: "498.223"
heading: "Stay of initial decision."
url: "https://uscodex.org/cfr/20/498.223"
---

# §498.223. Stay of initial decision.

- (a) The filing of a respondent's request for review by the DAB will automatically stay the effective date of the ALJ's decision.
- (b)
  - (1) After issuance of the final decision, pending judicial review, the respondent may file a request for stay of the effective date of any penalty or assessment with the ALJ. The request must be accompanied by a copy of the notice of appeal filed with the Federal court. The filing of such a request will automatically act to stay the effective date of the penalty or assessment until such time as the ALJ rules upon the request.
  - (2) The ALJ may not grant a respondent's request for stay of any penalty or assessment unless the respondent posts a bond or provides other adequate security.
  - (3) The ALJ will rule upon a respondent's request for stay within 10 days of receipt.

## Notes

### Amendments

[61 FR 65472, 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 65472, Dec. 13, 1996]