---
kind: "section"
citation: "42 C.F.R. § 488.436"
title: "42"
number: "488.436"
heading: "Civil money penalties: Waiver of hearing, reduction of penalty amount."
url: "https://uscodex.org/cfr/42/488.436"
---

# §488.436. Civil money penalties: Waiver of hearing, reduction of penalty amount.

- (a) **Constructive waiver of a hearing.** A facility is considered to have waived its right to a hearing after 60 days from the date of the notice imposing the civil money penalty if CMS has not received a request for a hearing from the facility.
- (b) **Reduction of penalty amount.**
  - (1) If the facility waives its right to a hearing in accordance with the procedures specified in [paragraph (a)](#a) of this section, CMS or the State reduces the civil money penalty by 35 percent, as long as the civil money penalty has not also been reduced by 50 percent under [§ 488.438](/cfr/42/488.438.md).
  - (2) If the facility does not waive its right to a hearing in accordance with the procedures specified in [paragraph (a)](#a) of this section, the civil money penalty is not reduced by 35 percent.

## Notes

### Amendments

[59 FR 56243, Nov. 10, 1994; 62 FR 44221, Aug. 20, 1997, as amended at 76 FR 15127, Mar. 18, 2011; 88 FR 53347, Aug. 7, 2023]

### Source

Source: 59 FR 56243, Nov. 10, 1994, unless otherwise noted.

### Authority

Authority: 42 U.S.C 1302 and 1395hh.

### Source

Source: 53 FR 22859, June 17, 1988, unless otherwise noted.

### Amendments

[59 FR 56243, Nov. 10, 1994; 62 FR 44221, Aug. 20, 1997, as amended at 76 FR 15127, Mar. 18, 2011; 88 FR 53347, Aug. 7, 2023]