---
kind: "section"
citation: "45 C.F.R. § 182.90"
title: "45"
number: "182.90"
heading: "Failure to request a hearing."
url: "https://uscodex.org/cfr/45/182.90"
---

# §182.90. Failure to request a hearing.

- (a) If a provider does not request a hearing within 30 calendar days of the issuance of the notice of imposition of a civil monetary penalty described in [§ 182.70(b)](/cfr/45/182.70.md?p=b), CMS may impose the civil monetary penalty indicated in such notice without right of appeal in accordance with this part.
  - (1) If the 30th calendar day described [paragraph (a)](#a) of this section is a weekend or a Federal holiday, then the timeframe is extended until the end of the next business day.
  - (2) [Reserved]
- (b) The provider 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 provider 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: Section 3202(b), Pub. L. 116-136, 134 Stat. 281.

### Source

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