---
kind: "section"
citation: "45 C.F.R. § 182.80"
title: "45"
number: "182.80"
heading: "Appeal of penalty."
url: "https://uscodex.org/cfr/45/182.80"
---

# §182.80. Appeal of penalty.

- (a) A provider upon which CMS has imposed a penalty under this part may appeal that penalty in accordance with [subpart D of part 150 of this title](/cfr/45/part150-subpartD.md), except as specified in [paragraph (b)](#b) of this section.
- (b) For purposes of applying [subpart D of part 150 of this title](/cfr/45/part150-subpartD.md) to appeals of civil monetary penalties under this part:
  - (1) “Respondent” means a provider, as defined in [§ 182.20](/cfr/45/182.20.md) that received a notice of imposition of a civil monetary penalty according to [§ 182.70(b)](/cfr/45/182.70.md?p=b).
  - (2) In deciding whether the amount of a civil money penalty is reasonable, the administrative law judge (ALJ) may only consider evidence of record relating to the following:
    - (i) **The provider's posting(s) of its cash price information, if available.**
    - (ii) Material the provider timely previously submitted to CMS (including with respect to corrective actions and corrective action plans).
    - (iii) Material CMS used to monitor and assess the provider's compliance according to [§ 182.70(a)(2)](/cfr/45/182.70.md?p=a-2).
  - (3) The ALJ's consideration of evidence of acts other than those at issue in the instant case under [§ 150.445(g)](/cfr/45/150.445.md?p=g) of this title does not apply.

## Notes

### Authority

Authority: Section 3202(b), Pub. L. 116-136, 134 Stat. 281.

### Source

Source: 85 FR 71203, Nov. 6, 2020, unless otherwise noted.