---
kind: "section"
citation: "42 C.F.R. § 423.2004"
title: "42"
number: "423.2004"
heading: "Right to a review of IRE notice of dismissal."
url: "https://uscodex.org/cfr/42/423.2004"
---

# §423.2004. Right to a review of IRE notice of dismissal.

- (a) An enrollee has a right to have an IRE's dismissal of a request for reconsideration reviewed by an ALJ or attorney adjudicator if—
  - (1) The enrollee files a written request for review within 60 calendar days after receipt of the notice of the IRE's dismissal.
  - (2) The enrollee meets the amount in controversy requirements of [§ 423.2006](/cfr/42/423.2006.md).
  - (3) For purposes of this section, the date of receipt of the IRE's dismissal is presumed to be 5 calendar days after the date of the written dismissal notice, unless there is evidence to the contrary.
  - (4) For purposes of meeting the 60 calendar day filing deadline, the request is considered as filed on the date it is received by the office specified in the IRE's dismissal.
- (b) If the ALJ or attorney adjudicator determines that the IRE's dismissal was in error, he or she vacates the dismissal and remands the case to the IRE for a reconsideration in accordance with [§ 423.2056](/cfr/42/423.2056.md).
- (c) If the ALJ or attorney adjudicator affirms the IRE's dismissal of a reconsideration request, he or she issues a notice of decision affirming the IRE's dismissal in accordance with [§ 423.2046(b)](/cfr/42/423.2046.md?p=b).
- (d) The ALJ or attorney adjudicator may dismiss the request for review of an IRE's dismissal in accordance with [§ 423.2052(b)](/cfr/42/423.2052.md?p=b).

## Notes

### Amendments

[74 FR 65363, Dec. 9, 2009, as amended at 82 FR 5127, Jan. 17, 2017; 84 FR 19872, May 7, 2019]

### Source

Source: 74 FR 65363, Dec. 9, 2009, 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.

### Amendments

[74 FR 65363, Dec. 9, 2009, as amended at 82 FR 5127, Jan. 17, 2017; 84 FR 19872, May 7, 2019]