---
kind: "section"
citation: "42 C.F.R. § 431.221"
title: "42"
number: "431.221"
heading: "Request for hearing."
url: "https://uscodex.org/cfr/42/431.221"
---

# §431.221. Request for hearing.

- (a)
  - (1) The agency must establish procedures that permit an individual, or an authorized representative as defined at [§ 435.923](/cfr/42/435.923.md) of this chapter, to—
    - (i) Submit a hearing request via any of the modalities described in [§ 435.907(a)](/cfr/42/435.907.md?p=a) of this chapter, except that the requirement to establish procedures for submission of a fair hearing request described in § [435.907(a)(1)](/cfr/42/435.907.md?p=a-1), [(2)](/cfr/42/435.907.md?p=a-2) and [(5)](/cfr/42/435.907.md?p=a-5) of this chapter (relating to submissions via Internet Web site, telephone and other electronic means) is effective no later than the date described in [§ 435.1200(i)](/cfr/42/435.1200.md?p=i) of this chapter; and
    - (ii) Include in a hearing request submitted under [paragraph (a)(1)(i)](#a-1-i) of this section, a request for an expedited fair hearing.
  - (2) [Reserved]
- (b) The agency may not limit or interfere with the applicant's or beneficiary's freedom to make a request for a hearing.
- (c) The agency may assist the applicant or beneficiary in submitting and processing his request.
- (d) The agency must allow the applicant or beneficiary a reasonable time, not to exceed 90 days from the date that notice of action is mailed, to request a hearings.

## Notes

### Amendments

[44 FR 17932, Mar. 29, 1979, as amended at 81 FR 86448, Nov. 30, 2016]

### Source

Source: 44 FR 17932, Mar. 29, 1979, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 1302.

### Source

Source: 43 FR 45188, Sept. 29, 1978, unless otherwise noted.

### Amendments

[44 FR 17932, Mar. 29, 1979, as amended at 81 FR 86448, Nov. 30, 2016]