45 CFR 681.39
§ 681.39 Are there any limitations on the right to appeal to the authority head?
United States · 45 CFR — Public Welfare · Status: effective
Cite this
- Citation
- 45 CFR 681.39, § 681.39 Are there any limitations on the right to appeal to the authority head?, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/219838
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Full text
(a) A defendant has no right to appear personally, or through a representative, before the authority head.
(b) There is no right to appeal any interlocutory ruling.
(c) The authority head will not consider any objection or evidence that was not raised before the ALJ unless the defendant demonstrates that the failure to object was caused by extraordinary circumstances. If the defendant demonstrates to the satisfaction of the authority head that extraordinary circumstances prevented the presentation of evidence at the hearing, and that the additional evidence is material, the authority head may remand the matter to the ALJ for consideration of the additional evidence.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.