---
kind: "section"
citation: "42 C.F.R. § 498.78"
title: "42"
number: "498.78"
heading: "Remand by the Administrative Law Judge."
url: "https://uscodex.org/cfr/42/498.78"
---

# §498.78. Remand by the Administrative Law Judge.

- (a) If CMS requests a remand, the ALJ may remand any case properly before him or her to CMS.
- (b) The ALJ may remand at any time before notice of hearing decision is mailed.

## Notes

### Amendments

[52 FR 22446, June 12, 1987, as amended at 73 FR 36463, June 27, 2008]

### 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 73 FR 36463, June 27, 2008]