---
kind: "section"
citation: "42 C.F.R. § 498.74"
title: "42"
number: "498.74"
heading: "Administrative Law Judge's decision."
url: "https://uscodex.org/cfr/42/498.74"
---

# §498.74. Administrative Law Judge's decision.

- (a) **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.
- (b) **Notice and effect.** A copy of the decision is mailed to the parties and is binding on them unless—
  - (1) A party requests review by the Departmental Appeals Board within the time period specified in [§ 498.82](/cfr/42/498.82.md), and the Board reviews the case;
  - (2) 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;
  - (3) The decision is revised by an ALJ or the Departmental Appeals Board; or
  - (4) **The decision is a recommended decision directed to the Board.**

## Notes

### 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]