---
kind: "section"
citation: "42 C.F.R. § 405.1116"
title: "42"
number: "405.1116"
heading: "Effect of dismissal of request for Council review or request for hearing."
url: "https://uscodex.org/cfr/42/405.1116"
---

# §405.1116. Effect of dismissal of request for Council review or request for hearing.


The dismissal of a request for Council review or denial of a request for review of a dismissal issued by an ALJ or attorney adjudicator is binding and not subject to further review unless reopened and vacated by the Council. The Council's dismissal of a request for hearing is also binding and not subject to judicial review.


## Notes

### Amendments

[70 FR 11472, Mar. 8, 2005, as amended at 82 FR 5123, 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 82 FR 5123, Jan. 17, 2017]