---
kind: "section"
citation: "42 C.F.R. § 498.76"
title: "42"
number: "498.76"
heading: "Removal of hearing to Departmental Appeals Board."
url: "https://uscodex.org/cfr/42/498.76"
---

# §498.76. Removal of hearing to Departmental Appeals Board.

- (a) At any time before the ALJ receives oral testimony, the Board may remove to itself any pending request for a hearing.
- (b) **Notice of removal is mailed to each party.**
- (c) The Board conducts the hearing in accordance with the rules that apply to ALJ hearings under this subpart.

## Notes

### Authority

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

### Source

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