---
kind: "section"
citation: "42 C.F.R. § 422.1068"
title: "42"
number: "422.1068"
heading: "Administrative Law Judge's decision."
url: "https://uscodex.org/cfr/42/422.1068"
---

# §422.1068. Administrative Law Judge's decision.

- (a) **Timing, basis and content.** As soon as practical after the close of the hearing, the ALJ issues a written decision in the case. The decision is based on the evidence of record and contains separate numbered findings of fact and conclusions of law.
- (b) **Notice and effect.** A copy of the decision is mailed to the parties and is binding on them unless—
  - (1) A party requests review by the Departmental Appeals Board within the time period specified in 422.846, and the Board reviews the case;
  - (2) The Departmental Appeals Board denies the request for review and the party seeks judicial review by filing an action in a United States District Court or, in the case of a civil money penalty, in a United States Court of Appeals;
  - (3) The decision is revised by an ALJ or the Departmental Appeals Board; or
  - (4) **The decision is a recommended decision directed to the 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.