42 CFR 422.1086
§ 422.1086 Effect of Departmental Appeals Board Decision.
United States · 42 CFR — Public Health · Status: effective
Cite this
- Citation
- 42 CFR 422.1086, § 422.1086 Effect of Departmental Appeals Board Decision, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/204754
- Permanent ID
ys:prov:204754@1- SHA-256
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Full text
(a) General rule. The Board's decision is binding unless—
(1) The affected party has a right to judicial review and timely files a civil action in a United States District Court or, in the case of a civil money penalty, in a United States Court of Appeals; or
(2) The Board reopens and revises its decision in accordance with 422.862.
(b) Right to judicial review. Section 422.1006 specifies the circumstances under which an affected party has a right to seek judicial review.
(c) Special Rules: Civil Money Penalty—Finality of Board's decision. When CMS imposes a civil money penalty, notice of the Board's decision (or denial of review) is the final administrative action that initiates the 60-day period for seeking judicial review.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.