45 CFR 2554.45 - Are there any limitations on the right to appeal to the authority head?
(a) A defendant has no right to appear personally, or through a representative, before the authority head.
(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 appealing 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.
Title 45 published on 2012-10-01
no entries appear in the Federal Register after this date.