---
kind: "section"
citation: "42 C.F.R. § 402.21"
title: "42"
number: "402.21"
heading: "Judicial review."
url: "https://uscodex.org/cfr/42/402.21"
---

# §402.21. Judicial review.


After exhausting all available administrative remedies, a respondent may seek judicial review of a penalty, assessment, or exclusion that has become final. The respondent may seek review only with respect to a penalty, assessment, or exclusion with respect to which the respondent filed an exception under [§ 1005.21(c)](/cfr/42/1005.21.md?p=c) of this title unless the court excuses the failure or neglect to urge the exception in accordance with section 1128A(e) of the Act because of extraordinary circumstances.


## Notes

### Authority

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

### Source

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