---
kind: "section"
citation: "45 C.F.R. § 150.417"
title: "45"
number: "150.417"
heading: "Issues to be heard and decided by ALJ."
url: "https://uscodex.org/cfr/45/150.417"
---

# §150.417. Issues to be heard and decided by ALJ.

- (a) **The ALJ has the authority to hear and decide the following issues—**
  - (1) **Whether a basis exists to assess a civil money penalty against the respondent.**
  - (2) **Whether the amount of the assessed civil money penalty is reasonable.**
- (b) **In deciding whether the amount of a civil money penalty is reasonable, the ALJ—**
  - (1) Applies the factors that are identified in [§ 150.317](/cfr/45/150.317.md).
  - (2) May consider evidence of record relating to any factor that CMS did not apply in making its initial determination, so long as that factor is identified in this subpart.
- (c) If the ALJ finds that a basis exists to assess a civil money penalty, the ALJ may sustain, reduce, or increase the penalty that CMS assessed.

## Notes

### Authority

Authority: 42 U.S.C. 300gg through 300gg-63, 300gg-91, and 300gg-92, as amended.

### Source

Source: 64 FR 45795, Aug. 20, 1999, unless otherwise noted.