42 CFR 426.544 - Dismissals for cause.
(a) The Board may, at the request of any party, or on its 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 prehearing may be conducted by telephone) or hearing without good cause shown.
(b) The Board must dismiss any complaint concerning NCD provision(s) if the following conditions exist:
(1) The Board does not have the authority to rule on that provision under § 426.505(d).
(2) The complaint is not timely. (See § 426.500(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 LCD except as provided in § 426.476, regarding the Board's review of an ALJ decision. (See § 426.505, regarding the authority of the Board.)
(7) The aggrieved party withdraws the complaint. (See § 426.523, for requirements for withdrawing a complaint regarding an NCD under review.)
Title 42 published on 2013-10-01
no entries appear in the Federal Register after this date.