§423.1060. Dismissal for abandonment.

42 C.F.R. § 423.1060

(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, amendments, and revision history

Source: 72 FR 68736, Dec. 5, 2007, unless otherwise noted.

Authority: 42 U.S.C. 1302, 1306, 1395w-101 through 1395w-152, and 1395hh.

Source: 70 FR 4525, Jan. 28, 2005, unless otherwise noted.