20 CFR § 498.223 - Stay of initial decision.

---
identifier: "/us/cfr/t20/s498.223"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "20 CFR § 498.223 - Stay of initial decision."
title_number: 20
title_name: "Employees' Benefits"
section_number: "498.223"
section_name: "Stay of initial decision."
chapter_name: "SOCIAL SECURITY ADMINISTRATION"
part_number: "498"
part_name: "CIVIL MONETARY PENALTIES, ASSESSMENTS AND RECOMMENDED EXCLUSIONS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Secs. 702(a)(5), 1129, and 1140 of the Social Security Act (42 U.S.C. 902(a)(5), 1320a-8, and 1320b-10)."
regulatory_source: "60 FR 58226, Nov. 27, 1995, unless otherwise noted."
cfr_part: "498"
---


# 498.223 Stay of initial decision.

(a) The filing of a respondent's request for review by the DAB will automatically stay the effective date of the ALJ's decision.

(b)(1) After issuance of the final decision, pending judicial review, the respondent may file a request for stay of the effective date of any penalty or assessment with the ALJ. The request must be accompanied by a copy of the notice of appeal filed with the Federal court. The filing of such a request will automatically act to stay the effective date of the penalty or assessment until such time as the ALJ rules upon the request.

(2) The ALJ may not grant a respondent's request for stay of any penalty or assessment unless the respondent posts a bond or provides other adequate security.

(3) The ALJ will rule upon a respondent's request for stay within 10 days of receipt.

[61 FR 65472, Dec. 13, 1996]