---
kind: "section"
citation: "42 C.F.R. § 422.1064"
title: "42"
number: "422.1064"
heading: "Notice and effect of dismissal and right to request review."
url: "https://uscodex.org/cfr/42/422.1064"
---

# §422.1064. Notice and effect of dismissal and right to request review.

- (a) **Notice of the ALJ's dismissal action is mailed to the parties.** The notice advises the affected party of its right to request that the dismissal be vacated as provided in 422.1066.
- (b) The dismissal of a request for hearing is binding unless it is vacated by the ALJ or the Departmental Appeals Board.

## 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.