§498.74. Administrative Law Judge's decision.
42 C.F.R. § 498.74
Timing, basis and content. As soon as practical after the close of the hearing, the ALJ issues a written decision in the case. The decision is based on the evidence of record and contains separate numbered findings of fact and conclusions of law.
Notice and effect. A copy of the decision is mailed to the parties and is binding on them unless—
A party requests review by the Departmental Appeals Board within the time period specified in § 498.82, and the Board reviews the case;
The Departmental Appeals Board denies the request for review and the party seeks judicial review by filing an action in a United States District Court or, in the case of a civil money penalty, in a United States Court of Appeals;
The decision is revised by an ALJ or the Departmental Appeals Board; or
The decision is a recommended decision directed to the Board.
Notes, amendments, and revision history
Amendments
[52 FR 22446, June 12, 1987, as amended at 61 FR 32351, June 24, 1996]
Authority
Authority: 42 U.S.C. 1302, 1320a-7j, and 1395hh.
Source
Source: 52 FR 22446, June 12, 1987, unless otherwise noted.
Amendments
[52 FR 22446, June 12, 1987, as amended at 61 FR 32351, June 24, 1996]