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e-CFR data is current as of October 22, 2020

Title 42Chapter IVSubchapter APart 402Subpart A → §402.9


Title 42: Public Health
PART 402—CIVIL MONEY PENALTIES, ASSESSMENTS, AND EXCLUSIONS
Subpart A—General Provisions


§402.9   Failure to request a hearing.

(a) If the respondent does not request a hearing within 60 days of receipt of the notice of proposed determination specified in §402.7, any civil money penalty, assessment, or exclusion becomes final and CMS or OIG may impose the proposed penalty, assessment, or exclusion, or any less severe penalty, assessment, or suspension.

(b) CMS or OIG notifies the respondent by certified mail, return receipt requested, of any penalty, assessment, or exclusion that has been imposed and of the means by which the respondent may satisfy the judgment.

(c) The respondent has no right to appeal a penalty, assessment, or exclusion for which he or she has not requested a hearing.

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