---
kind: "section"
citation: "42 C.F.R. § 423.651"
title: "42"
number: "423.651"
heading: "Request for hearing."
url: "https://uscodex.org/cfr/42/423.651"
---

# §423.651. Request for hearing.

- (a) **Method and place for filing a request.**
  - (1) A request for a hearing must be made in writing and filed by an authorized official of the contract applicant or Part D plan sponsor that was the party to the determination under the appeal.
  - (2) The request for the hearing must be filed in accordance with the requirements specified in the notice.
- (b) **Time for filing a request.** A request for a hearing must be filed within 15 calendar days after the receipt of the notice of the contract determination or intermediate sanction.
- (c) **Parties to a hearing.** The parties to a hearing must be—
  - (1) The parties described in [§ 423.650](/cfr/42/423.650.md);
  - (2) At the discretion of the hearing officer, any interested parties who make a showing that their rights may be prejudiced by the decision to be rendered at the hearing; and
  - (3) **CMS.**

## Notes

### Amendments

[70 FR 4525, Jan. 28, 2005, as amended at 72 FR 68734, Dec. 5, 2007; 75 FR 19824, Apr. 15, 2010]

### 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

[70 FR 4525, Jan. 28, 2005, as amended at 72 FR 68734, Dec. 5, 2007; 75 FR 19824, Apr. 15, 2010]