---
kind: "section"
citation: "42 C.F.R. § 402.113"
title: "42"
number: "402.113"
heading: "When a penalty and assessment are collectible."
url: "https://uscodex.org/cfr/42/402.113"
---

# §402.113. When a penalty and assessment are collectible.


A civil money penalty and assessment become collectible after the earliest of the following:

- (a) Sixty days after the respondent receives CMS's or OIG's notice of proposed determination under [§ 402.7](/cfr/42/402.7.md), if the respondent has not requested a hearing before an ALJ.
- (b) Immediately after the respondent abandons or waives his or her appeal right at any administrative level.
- (c) Thirty days after the respondent receives the ALJ's decision imposing a civil money penalty or assessment under [§ 1005.20(d)](/cfr/42/1005.20.md?p=d) of this title, if the respondent has not requested a review before the DAB.
- (d) If the DAB grants an extension of the period for requesting the DAB's review, the day after the extension expires if the respondent has not requested the review.
- (e) Immediately after the ALJ's decision denying a request for a stay of the effective date under [§ 1005.22(b)](/cfr/42/1005.22.md?p=b) of this title.
- (f) If the ALJ grants a stay under [§ 1005.22(b)](/cfr/42/1005.22.md?p=b) of this title, immediately after the judicial ruling is completed.
- (g) Sixty days after the respondent receives the DAB's decision imposing a civil money penalty if the respondent has not requested a stay of the decision under [§ 1005.22(b)](/cfr/42/1005.22.md?p=b) of this title.

## Notes

### Authority

Authority: 42 U.S.C. 1302 and 1395hh.

### Source

Source: 63 FR 68690, Dec. 14, 1998, unless otherwise noted.