---
kind: "section"
citation: "42 C.F.R. § 426.544"
title: "42"
number: "426.544"
heading: "Dismissals for cause."
url: "https://uscodex.org/cfr/42/426.544"
---

# §426.544. Dismissals for cause.

- (a) The Board may, at the request of any party, or on its own motion, dismiss a complaint if the aggrieved party fails to do either of the following:
  - (1) Attend or participate in a prehearing conference (the prehearing may be conducted by telephone) or hearing without good cause shown.
  - (2) **Comply with a lawful order of the Board without cause shown.**
- (b) The Board must dismiss any complaint concerning NCD provision(s) if the following conditions exist:
  - (1) The Board does not have the authority to rule on that provision under [§ 426.505(d)](/cfr/42/426.505.md?p=d).
  - (2) **The complaint is not timely.** (See [§ 426.500(b)](/cfr/42/426.500.md?p=b)).
  - (3) **The complaint is not filed by an aggrieved party.**
  - (4) The complaint is filed by an individual who fails to provide an adequate statement of need for the service from the treating physician.
  - (5) The complaint challenges a provision or provisions of an LCD except as provided in [§ 426.476](/cfr/42/426.476.md), regarding the Board's review of an ALJ decision. (See [§ 426.505](/cfr/42/426.505.md), regarding the authority of the Board.)
  - (6) **CMS notifies the Board that the NCD provision(s) is (are) no longer in effect.**
  - (7) **The aggrieved party withdraws the complaint.** (See [§ 426.523](/cfr/42/426.523.md), for requirements for withdrawing a complaint regarding an NCD under review.)

## 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.