---
kind: "section"
citation: "45 C.F.R. § 160.422"
title: "45"
number: "160.422"
heading: "Failure to request a hearing."
url: "https://uscodex.org/cfr/45/160.422"
---

# §160.422. Failure to request a hearing.


If the respondent does not request a hearing within the time prescribed by [§ 160.504](/cfr/45/160.504.md) of this part and the matter is not settled pursuant to [§ 160.416](/cfr/45/160.416.md), the Secretary will impose the proposed penalty or any lesser penalty permitted by [42 U.S.C. 1320d-5](/usc/42/1320d-5.md). The Secretary will notify the respondent by certified mail, return receipt requested, of any penalty that has been imposed and of the means by which the respondent may satisfy the penalty, and the penalty is final on receipt of the notice. The respondent has no right to appeal a penalty under [§ 160.548](/cfr/45/160.548.md) of this part with respect to which the respondent has not timely requested a hearing.


## Notes

### Source

Source: 71 FR 8426, Feb. 16, 2006, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 1302(a); 42 U.S.C. 1320d-1320d-9; sec. 264, Pub. L. 104-191, 110 Stat. 2033-2034 (42 U.S.C. 1320d-2 (note)); 5 U.S.C. 552; secs. 13400-13424, Pub. L. 111-5, 123 Stat. 258-279; and sec. 1104 of Pub. L. 111-148, 124 Stat. 146-154.

### Source

Source: 65 FR 82798, Dec. 28, 2000, unless otherwise noted.