---
kind: "section"
citation: "42 C.F.R. § 1005.22"
title: "42"
number: "1005.22"
heading: "Stay of initial decision."
url: "https://uscodex.org/cfr/42/1005.22"
---

# §1005.22. Stay of initial decision.

- (a) In a CMP case under section 1128A of the Act, 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 the DAB renders a decision in a CMP case, 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

### Authority

Authority: 42 U.S.C. 405(a), 405(b), 1302, 1320a-7, 1320a-7a and 1320c-5.

### Source

Source: 57 FR 3350, Jan. 29, 1992, unless otherwise noted.