---
kind: "section"
citation: "45 C.F.R. § 156.917"
title: "45"
number: "156.917"
heading: "Issues to be heard and decided by ALJ."
url: "https://uscodex.org/cfr/45/156.917"
---

# §156.917. 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.**
  - (3) Whether a basis exists to decertify a QHP offered by the respondent in a Federally-facilitated Exchange.
- (b) **In deciding whether the amount of a civil money penalty is reasonable, the ALJ—**
  - (1) Will apply the factors that are identified in [§ 156.805](/cfr/45/156.805.md) for civil money penalties.
  - (2) May consider evidence of record relating to any factor that HHS 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 HHS assessed.

## Notes

### Source

Source: 78 FR 65101, Oct. 30, 2013, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 18021-18024, 18031-18032, 18041-18042, 18044, 18054, 18061, 18063, 18071, 18082, and 26 U.S.C. 36B.

### Source

Source: 76 FR 77411, Dec. 13, 2011, unless otherwise noted.