How are the procedures different in appeals of Civil Remedies ALJ decisions involving nursing home enforcement and provider participation?
) A party against whom a remedy is imposed under 42 C.F.R. Parts 1001, 1003, and 1004 may request a hearing before an Administrative Law Judge (ALJ) of the DAB Civil Remedies Division. The ALJ will issue an initial decision containing findings of fact and conclusions of law (FFCLs). The ALJ decision may be appealed to the DAB Appellate Division by either party within 30 days of its service. See section 1005.21(a). The date of service will be deemed to be 5 days from the date of mailing. See section 1005.20(d). The Appellate Division may extend this 30-filing period for up to 30 days upon a party’s request and a showing of good cause, but the extension must be requested within the initial 30-day filing period. The notice of appeal must be accompanied by a written brief identifying the FFCLs to which the party is taking exception and giving the reasons for those exceptions. See section 1005.21(c). In preparing this brief, you should specify your grounds for review and state your entire a
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