GroundRules
42 CFR 431.223: Denial or dismissal of request for a hearing.
Where this section sits in the code
- Title 42—Public Health
- CHAPTER IV—CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES
- SUBCHAPTER C—MEDICAL ASSISTANCE PROGRAMS
- PART 431—STATE ORGANIZATION AND GENERAL ADMINISTRATION
- Subpart E—Fair Hearings for Applicants and Beneficiaries
The agency may deny or dismiss a request for a hearing if—
(a) The applicant or beneficiary withdraws the request. The agency must accept withdrawal of a fair hearing request via any of the modalities available per § 431.221(a)(1)(i). For telephonic hearing withdrawals, the agency must record the individual's statement and telephonic signature. For telephonic, online and other electronic withdrawals, the agency must send the affected individual written confirmation, via regular mail or electronic notification in accordance with the individual's election under § 435.918(a) of this chapter.
(b) The applicant or beneficiary fails to appear at a scheduled hearing without good cause.
Collected 2026-08-27T02:26:11Z. Source file · JSON