42 CFR 426.444 - Dismissals for cause.
(a) The ALJ may, at the request of any party, or on his or her own motion, dismiss a complaint if the aggrieved party fails to do either of the following:
(1) Attend or participate in a prehearing conference (the pre-hearing may be conducted by telephone) or hearing without good cause shown.
(b) The ALJ must dismiss any complaint concerning LCD provision(s) if the following conditions exist:
(1) The ALJ does not have the authority to rule on that provision under § 426.405(d).
(2) The complaint is not timely. (See § 426.400(b).)
(4) The complaint is filed by an individual who fails to provide an adequate statement of need for the service from the treating physician.
(5) The complaint challenges a provision or provisions of an NCD. (See § 426.405, regarding the authority of the ALJ.)
(7) The aggrieved party withdraws the complaint. (See § 426.423 for requirements related to withdrawing a complaint regarding an LCD under review.)
Title 42 published on 2013-10-01
no entries appear in the Federal Register after this date.