---
kind: "section"
citation: "42 C.F.R. § 422.1060"
title: "42"
number: "422.1060"
heading: "Dismissal for abandonment."
url: "https://uscodex.org/cfr/42/422.1060"
---

# §422.1060. Dismissal for abandonment.

- (a) The ALJ may dismiss a request for hearing if it is abandoned by the party that requested it.
- (b) The ALJ may consider a request for hearing to be abandoned if the party or its representative—
  - (1) Fails to appear at the prehearing conference or hearing without having previously shown good cause for not appearing; and
  - (2) Fails to respond, within 10 calendar days after the ALJ sends a “show cause” notice, with a showing of good cause.

## Notes

### 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.