Code of Federal Regulations · Section
§ 498.71 — Notice And Effect Of Dismissal And Right To Request Review
42 C.F.R. § 498.71
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(a) Notice of the ALJ's dismissal action is mailed to the parties. The notice advises the affected party of its right to request that the dismissal be vacated as provided in § 498.72.
(b) The dismissal of a request for hearing is binding unless it is vacated by the ALJ or the Departmental Appeals Board.