---
kind: "section"
citation: "42 C.F.R. § 1003.1540"
title: "42"
number: "1003.1540"
heading: "Judicial review."
url: "https://uscodex.org/cfr/42/1003.1540"
---

# §1003.1540. Judicial review.

- (a) Section 1128A(e) of the Act authorizes judicial review of a penalty, an assessment, or an exclusion that has become final. The only matters subject to judicial review are those that the respondent raised pursuant to [42 CFR 1005.21](/cfr/42/1005.21.md), unless the court finds that extraordinary circumstances existed that prevented the respondent from raising the issue in the underlying administrative appeal.
- (b) A respondent must exhaust all administrative appeal procedures established by the Secretary or required by law before a respondent may bring an action in Federal court, as provided in section 1128A(e) of the Act, concerning any penalty, assessment, or exclusion imposed pursuant to this part.
- (c) Administrative remedies are exhausted when a decision becomes final in accordance with [42 CFR 1005.21(j)](/cfr/42/1005.21.md?p=j).

## Notes

### Source

Source: 81 FR 88364, Dec. 7, 2016, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 262a, 300jj-52, 1302, 1320a-7, 1320a-7a, 1320b-10, 1395u(j), 1395u(k), 1395cc(j), 1395w-141(i)(3), 1395dd(d)(1), 1395mm, 1395nn(g), 1395ss(d), 1396b(m), 11131(c), and 11137(b)(2).

### Source

Source: 51 FR 34777, Sept. 30, 1986, unless otherwise noted.