---
kind: "section"
citation: "42 C.F.R. § 422.1070"
title: "42"
number: "422.1070"
heading: "Removal of hearing to Departmental Appeals Board."
url: "https://uscodex.org/cfr/42/422.1070"
---

# §422.1070. Removal of hearing to Departmental Appeals Board.

- (a) At any time before the ALJ receives oral testimony, the Board may remove to itself any pending request for a hearing.
- (b) **Notice of removal is mailed to each party.**
- (c) The Board conducts the hearing in accordance with the rules that apply to ALJ hearings under this subpart.

## 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.