---
kind: "section"
citation: "42 C.F.R. § 422.1086"
title: "42"
number: "422.1086"
heading: "Effect of Departmental Appeals Board Decision."
url: "https://uscodex.org/cfr/42/422.1086"
---

# §422.1086. Effect of Departmental Appeals Board Decision.

- (a) **General rule.** The Board's decision is binding unless—
  - (1) The affected party has a right to judicial review and timely files a civil action in a United States District Court or, in the case of a civil money penalty, in a United States Court of Appeals; or
  - (2) The Board reopens and revises its decision in accordance with 422.862.
- (b) **Right to judicial review.** [Section 422.1006](/cfr/42/422.1006.md) specifies the circumstances under which an affected party has a right to seek judicial review.
- (c) **Special Rules—** Civil Money Penalty—Finality of Board's decision. When CMS imposes a civil money penalty, notice of the Board's decision (or denial of review) is the final administrative action that initiates the 60-day period for seeking judicial review.

## 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.