---
kind: "section"
citation: "42 C.F.R. § 498.71"
title: "42"
number: "498.71"
heading: "Notice and effect of dismissal and right to request review."
url: "https://uscodex.org/cfr/42/498.71"
---

# §498.71. Notice and effect of dismissal and right to request review.

- (a) **Notice of the ALJ's dismissal action is mailed to the parties.** The notice advises the affected party of its right to request that the dismissal be vacated as provided in [§ 498.72](/cfr/42/498.72.md).
- (b) The dismissal of a request for hearing is binding unless it is vacated by the ALJ or the Departmental Appeals Board.

## Notes

### Authority

Authority: 42 U.S.C. 1302, 1320a-7j, and 1395hh.

### Source

Source: 52 FR 22446, June 12, 1987, unless otherwise noted.