---
kind: "section"
citation: "42 C.F.R. § 423.1072"
title: "42"
number: "423.1072"
heading: "Remand by the Administrative Law Judge."
url: "https://uscodex.org/cfr/42/423.1072"
---

# §423.1072. Remand by the Administrative Law Judge.

- (a) If CMS requests remand, and the affected party concurs in writing or on the record, the ALJ may remand any case properly before him or her to CMS for a determination satisfactory to the affected party.
- (b) The ALJ may remand at any time before notice of hearing decision is mailed.

## Notes

### Source

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

### Authority

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

### Source

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