---
kind: "section"
citation: "42 C.F.R. § 426.470"
title: "42"
number: "426.470"
heading: "Board's role in docketing and evaluating the acceptability of appeals of ALJ decisions."
url: "https://uscodex.org/cfr/42/426.470"
---

# §426.470. Board's role in docketing and evaluating the acceptability of appeals of ALJ decisions.

- (a) **Docketing the appeal.** The Board does the following upon receiving an appeal of part or all of an ALJ's decision:
  - (1) **Dockets the appeal either separately or with similar appeals.**
  - (2) **Assigns a docket number.**
- (b) **Evaluating the acceptability of the appeal.** The Board determines if the appeal is acceptable by confirming that the appeal meets all of the criteria in [§ 426.465](/cfr/42/426.465.md).
- (c) **Unacceptable appeal.** If the Board determines that an appeal is unacceptable, the Board must dismiss the appeal.
- (d) **Acceptable appeal.** If the Board determines that an appeal is acceptable, the Board does the following:
  - (1) Sends a letter to the appellant to acknowledge that the appeal is acceptable, and informs them of the docket number.
  - (2) Forwards a copy of the appeal and the letter described in [paragraph (d)(1)](#d-1) of this section to all parties involved in the appeal.
  - (3) Requires the ALJ to send a copy of the ALJ's LCD review record (maintaining any sealed documents) to the Board and a copy of the public record to all parties involved in the appeal.
- (e) **No participation as amicus curiae.** The Board may not allow participation by amicus participants in the review of an LCD.

## Notes

### Authority

Authority: Secs. 1102 and 1871 of the Social Security Act (42 U.S.C. 1302 and 1395hh)

### Source

Source: 68 FR 63716, Nov. 7, 2003, unless otherwise noted.