---
kind: "section"
citation: "42 C.F.R. § 423.2116"
title: "42"
number: "423.2116"
heading: "Effect of dismissal of request for Council review or request for hearing."
url: "https://uscodex.org/cfr/42/423.2116"
---

# §423.2116. Effect of dismissal of request for Council review or request for hearing.


The dismissal of a request for Council review or denial of a request for review of a dismissal issued by an ALJ or attorney adjudicator is binding and not subject to further review unless reopened and vacated by the Council. The Council's dismissal of a request for hearing is also binding and not subject to judicial review.


## Notes

### Amendments

[74 FR 65363, Dec. 9, 2009, as amended at 82 FR 5138, Jan. 17, 2017]

### 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 5138, Jan. 17, 2017]