42 CFR 422.1092
§ 422.1092 Revision of reopened decision.
United States · 42 CFR — Public Health · Status: effective
Cite this
- Citation
- 42 CFR 422.1092, § 422.1092 Revision of reopened decision, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/204757
- Permanent ID
ys:prov:204757@1- SHA-256
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Full text
(a) Revision based on new evidence. If a reopened decision is to be revised on the basis of new evidence that was not included in the record of that decision, the ALJ or the Departmental Appeals Board—
(1) Notifies the parties of the proposed revision; and
(2) Unless the parties waive their right to hearing or appearance—
(i) Grants a hearing in the case of an ALJ revision; and
(ii) Grants opportunity to appear in the case of a Board revision.
(b) Basis for revised decision and right to review.
(1) If a revised decision is necessary, the ALJ or the Departmental Appeals Board, as appropriate, renders it on the basis of the entire record.
(2) If the decision is revised by an ALJ, the Departmental Appeals Board may review that revised decision at the request of either party or on its own motion.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.