---
kind: "section"
citation: "42 C.F.R. § 405.1004"
title: "42"
number: "405.1004"
heading: "Right to a review of QIC notice of dismissal."
url: "https://uscodex.org/cfr/42/405.1004"
---

# §405.1004. Right to a review of QIC notice of dismissal.

- (a) A party to a QIC's dismissal of a request for reconsideration has a right to have the dismissal reviewed by an ALJ or attorney adjudicator if—
  - (1) The party files a written request for review within 60 calendar days after receipt of the notice of the QIC's dismissal.
  - (2) The party meets the amount in controversy requirements of [§ 405.1006](/cfr/42/405.1006.md).
  - (3) For purposes of this section, the date of receipt of the QIC's dismissal is presumed to be 5 calendar days after the date of the dismissal notice, unless there is evidence to the contrary.
  - (4) For purposes of meeting the 60 calendar day filing deadline, the request is considered as filed on the date it is received by the office specified in the QIC's dismissal.
- (b) If the ALJ or attorney adjudicator determines that the QIC's dismissal was in error, he or she vacates the dismissal and remands the case to the QIC for a reconsideration in accordance with [§ 405.1056](/cfr/42/405.1056.md).
- (c) If the ALJ or attorney adjudicator affirms the QIC's dismissal of a reconsideration request, he or she issues a notice of decision affirming the QIC dismissal in accordance with [§ 405.1046(b)](/cfr/42/405.1046.md?p=b).
- (d) The ALJ or attorney adjudicator may dismiss the request for review of a QIC's dismissal in accordance with [§ 405.1052(b)](/cfr/42/405.1052.md?p=b).

## Notes

### Amendments

[70 FR 11472, Mar. 8, 2005, as amended at 70 FR 37703, June 30, 2005; 74 FR 65335, Dec. 9, 2009; 82 FR 5109, Jan. 17, 2017]

### Source

Source: 70 FR 11472, Mar. 8, 2005, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 263a, 405(a), 1302, 1320b-12, 1395x, 1395y(a), 1395ff, 1395hh, 1395kk, 1395rr, and 1395ww(k).

### Amendments

[70 FR 11472, Mar. 8, 2005, as amended at 70 FR 37703, June 30, 2005; 74 FR 65335, Dec. 9, 2009; 82 FR 5109, Jan. 17, 2017]