---
kind: "section"
citation: "45 C.F.R. § 180.110"
title: "45"
number: "180.110"
heading: "Failure to request a hearing."
url: "https://uscodex.org/cfr/45/180.110"
---

# §180.110. Failure to request a hearing.

- (a) If a hospital does not request a hearing within 30 calendar days of the issuance of the notice of imposition of a civil monetary penalty described in [§ 180.90(b)](/cfr/45/180.90.md?p=b), CMS may impose the civil monetary penalty indicated in such notice and may impose additional penalties pursuant to continuing violations according to [§ 180.90(f)](/cfr/45/180.90.md?p=f) without right of appeal in accordance with this part.
  - (1) If the 30th calendar day described in this [paragraph (a)](#a) is a weekend or a Federal holiday, then the timeframe is extended until the end of the next business day.
  - (2) [Reserved]
- (b) The hospital has no right to appeal a penalty with respect to which it has not requested a hearing in accordance with [§ 150.405](/cfr/45/150.405.md) of this title, unless the hospital can show good cause, as determined at [§ 150.405(b)](/cfr/45/150.405.md?p=b) of this title, for failing to timely exercise its right to a hearing.

## Notes

### Authority

Authority: 42 U.S.C. 300gg-18, 42 U.S.C. 1302.

### Source

Source: 84 FR 65602, Nov. 27, 2019, unless otherwise noted.