§283.5. Motion to dismiss. — Inbound Citations

(1) Motions to dismiss pursuant to § 283.5 must be filed within the time allowed for filing an answer; and

Except as otherwise provided, the following procedures detailed in subpart B of this part shall apply to appeals of QC claims of less than $50,000: §§ 283.5 Motion to Dismiss; 283.6 Answer; 283.8 Rebuttal or Amendment of Appeal or Answer; 283.9 Withdrawal of Appeal; 283.10 Consent Decision; 283.18 Motions and Requests; 283.19 ALJ's; 283.20 Review by the Judicial Officer; 283.21 Ex Parte Communications; 283.22 Filings; Service; Extensions of Time; and Computations of Time; and 283.23 Procedural Matters.

(a) Not later than 60 days after the State agency submits its appeal petition, or within 60 days following service of a ruling in accordance with § 283.5, FNS shall file an answer signed by the FNS Administrator or authorized representative or the attorney of record in the appeal. The attorney may file an appearance of record prior to or simultaneously with the filing of the answer.