42 CFR 423.1060
§ 423.1060 Dismissal for abandonment.
United States · 42 CFR — Public Health · Status: effective
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- Citation
- 42 CFR 423.1060, § 423.1060 Dismissal for abandonment, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/205011
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Full text
(a) The ALJ may dismiss a request for hearing if it is abandoned by the party that requested it.
(b) The ALJ may consider a request for hearing to be abandoned if the party or its representative—
(1) Fails to appear at the prehearing conference or hearing without having previously shown good cause for not appearing; and
(2) Fails to respond, within 10 calendar days after the ALJ sends a “show cause” notice, with a showing of good cause.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.