---
kind: "section"
citation: "42 C.F.R. § 411.122"
title: "42"
number: "411.122"
heading: "Hearing officer's decision."
url: "https://uscodex.org/cfr/42/411.122"
---

# §411.122. Hearing officer's decision.

- (a) **Timing.**
  - (1) If the decision is based on a review of the record, the hearing officer mails the decision to all known parties within 120 days from the date of receipt of the request for hearing.
  - (2) If the decision is based on an oral hearing, the hearing officer mails the decision to all known parties within 120 days from the conclusion of the hearing.
- (b) **Basis, content, and distribution of hearing decision.**
  - (1) The written decision is based on substantial evidence and contains findings of fact, a statement of reasons, and conclusions of law.
  - (2) The hearing officer mails a copy of the decision to each of the parties, by certified mail, return receipt requested, and includes a notice that the administrator may review the hearing decision at the request of a party or on his or her own motion.
- (c) **Effect of hearing decision.** The hearing officer's decision is the final Departmental decision and is binding upon all parties unless the Administrator chooses to review that decision in accordance with [§ 411.124](/cfr/42/411.124.md) or it is reopened by the hearing officer in accordance with [§ 411.126](/cfr/42/411.126.md).

## Notes

### Source

Source: 60 FR 45362, Aug. 31, 1995, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 1302, 1395w-101 through 1395w-152, 1395hh, and 1395nn.

### Source

Source: 54 FR 41734, Oct. 11, 1989, unless otherwise noted.