§ 423.1000 Basis and scope
§ 423.1002 Definitions
§ 423.1004 Scope and applicability
§ 423.1006 Appeal rights
§ 423.1008 Appointment of representatives
§ 423.1010 Authority of representatives
§ 423.1012 Fees for services of representatives
§ 423.1014 Charge for transcripts
§ 423.1016 Filing of briefs with the Administrative Law Judge or Departmental Appeals Board, and opportunity for rebuttal
§ 423.1018 Notice and effect of initial determinations
§ 423.1020 Request for hearing
§ 423.1022 Parties to the hearing
§ 423.1024 Designation of hearing official
§ 423.1026 Disqualification of Administrative Law Judge
§ 423.1028 Prehearing conference
§ 423.1030 Notice of prehearing conference
§ 423.1032 Conduct of prehearing conference
§ 423.1034 Record, order, and effect of prehearing conference
§ 423.1036 Time and place of hearing
§ 423.1038 Change in time and place of hearing
§ 423.1040 Joint hearings
§ 423.1042 Hearing on new issues
§ 423.1044 Subpoenas
§ 423.1046 Conduct of hearing
§ 423.1048 Evidence
§ 423.1050 Witnesses
§ 423.1052 Oral and written summation
§ 423.1054 Record of hearing
§ 423.1056 Waiver of right to appear and present evidence
§ 423.1058 Dismissal of request for hearing
§ 423.1060 Dismissal for abandonment
§ 423.1062 Dismissal for cause
§ 423.1064 Notice and effect of dismissal and right to request review
§ 423.1066 Vacating a dismissal of request for hearing
§ 423.1068 Administrative Law Judge’s decision
§ 423.1070 Removal of hearing to Departmental Appeals Board
§ 423.1072 Remand by the Administrative Law Judge
§ 423.1074 Right to request Departmental Appeals Board review of Administrative Law Judge’s decision or dismissal
§ 423.1076 Request for Departmental Appeals Board review
§ 423.1078 Departmental Appeals Board action on request for review
§ 423.1080 Procedures before the Departmental Appeals Board on review
§ 423.1082 Evidence admissible on review
§ 423.1084 Decision or remand by the Departmental Appeals Board
§ 423.1086 Effect of Departmental Appeals Board Decision
§ 423.1088 Extension of time for seeking judicial review
§ 423.1090 Basis, timing, and authority for reopening an Administrative Law Judge or Board decision
§ 423.1092 Revision of reopened decision
§ 423.1094 Notice and effect of revised decision

Terms Used In CFR > Title 42 > Chapter IV > Subchapter B > Part 423 > Subpart T - Appeal Procedures for Civil Money Penalties

  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • ALJ: includes a member or members of the Departmental Appeals Board who are designated to conduct a hearing. See 42 CFR 423.1024
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Oath: A promise to tell the truth.
  • party: means the affected party or CMS, as appropriate. See 42 CFR 423.1002
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Subpoena: A command to a witness to appear and give testimony.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.