42 C.F.R. § 423.1020

Current through September 30, 2024
Section 423.1020 - Request for hearing
(a)Manner and timing of request.
(1) A Part D sponsor is entitled to a hearing as specified in 423.1006 and may file a request with the Departmental Appeals Board office specified in the initial determination.
(2) The Part D sponsor or its legal representative or other authorized official must file the request, in writing, to the appropriate Departmental Appeals Board office, with a copy to CMS, within 60 calendar days after receipt of the notice of initial determination, to request a hearing before an ALJ to appeal any determination by CMS to impose a civil money penalty.
(b)Content of request for hearing. The request for hearing must-
(1) Identify the specific issues, and the findings of fact and conclusions of law with which the affected party disagrees; and
(2) Specify the basis for each contention that a CMS finding or conclusion of law is incorrect.

42 C.F.R. §423.1020

72 FR 68736, Dec. 5, 2007, as amended at 79 FR 29966, May 23, 2014