---
kind: "section"
citation: "42 C.F.R. § 402.5"
title: "42"
number: "402.5"
heading: "Right to a hearing before the final determination."
url: "https://uscodex.org/cfr/42/402.5"
---

# §402.5. Right to a hearing before the final determination.


CMS or OIG does not make a determination adverse to any person under this part until the person has been given a written notice and opportunity for the determination to be made on the record after a hearing at which the person is entitled to be represented by counsel, to present witnesses, and to cross-examine witnesses against the person.


## Notes

### Authority

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

### Source

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