---
kind: "section"
citation: "42 C.F.R. § 422.1020"
title: "42"
number: "422.1020"
heading: "Request for hearing."
url: "https://uscodex.org/cfr/42/422.1020"
---

# §422.1020. Request for hearing.

- (a) **Manner and timing of request.**
  - (1) An MA organization is entitled to a hearing as specified in 422.1006 and may file a request for a hearing with the Departmental Appeals Board office specified in the initial determination.
  - (2) The MA organization or its legal representative or other authorized official must file the request, in writing, to the appropriate Departmental Appeals Board office, with a copy to CMS, within 60 calendar days after receipt of the notice of initial determination, to request a hearing before an ALJ to appeal any determination by CMS to impose a civil money penalty.
- (b) **Content of request for hearing.** The request for hearing must—
  - (1) Identify the specific issues, and the findings of fact and conclusions of law with which the affected party disagrees; and
  - (2) **Specify the basis for each contention that the finding or conclusion of law is incorrect.**

## Notes

### Amendments

[72 FR 68726, Dec. 5, 2007, as amended at 79 FR 29960, May 23, 2014]

### Source

Source: 72 FR 68726, Dec. 5, 2007, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 1302, 1306, 1395w-21 through 1395w-28, and 1395hh.

### Source

Source: 63 FR 18134, Apr. 14, 1998, unless otherwise noted.

### Amendments

[72 FR 68726, Dec. 5, 2007, as amended at 79 FR 29960, May 23, 2014]