45 CFR 150.459
§ 150.459 Judicial review.
United States · 45 CFR — Public Welfare · Status: effective
Cite this
- Citation
- 45 CFR 150.459, § 150.459 Judicial review, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/217471
- Permanent ID
ys:prov:217471@1- SHA-256
3bd8b928440148d01bcd799b7c082a927b8210fb304401e08e3c1b756e2239d1
The hash is SHA-256 of this version's text, with every run of whitespace collapsed to a single space and the ends trimmed. The ID always leads back here, and checking it says whether the text you cited is still the current version.
Full text
(a) Filing of an action for review. Any responsible entity against whom a final order imposing a civil money penalty is entered may obtain review in the United States District Court for any district in which the entity is located or in the United States District Court for the District of Columbia by doing the following:
(1) Filing a notice of appeal in that court within 30 days from the date of a final order.
(2) Simultaneously sending a copy of the notice of appeal by registered mail to CMS.
(b) Certification of administrative record. CMS promptly certifies and files with the court the record upon which the penalty was assessed.
(c) Standard of review. The findings of CMS and the ALJ may not be set aside unless they are found to be unsupported by substantial evidence, as provided by 5 U.S.C. 706(2)(E).
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.