42 CFR 498.69 : Public Health (Part 1 To Parts 1009-1099) — (§ 482.1 To Parts 1009-1099) — Centers For Medicare & Medicaid Services, Department Of Health And Human Services (Continued) (§ 482.1 To Parts 601-699) — Standards And Certification (§ 482.1 To § 498.103) — Appeals Procedures For Determinations That Affect Participation In The Medicare Program And For Determinations That Affect The Participation Of Icfs/Iid And Certain Nfs In The Medicaid Program (§ 498.1 To § 498.103) — Hearings (§ 498.40 To § 498.79) — Dismissal for abandonment.

4 Aug 2016

(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 days after the ALJ sends a “show cause” notice, with a showing of good cause.

42 CFR 498.69