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32 CFR § 200.2022 - Stay of initial decision.

---
identifier: "/us/cfr/t32/s200.2022"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "32 CFR § 200.2022 - Stay of initial decision."
title_number: 32
title_name: "National Defense"
section_number: "200.2022"
section_name: "Stay of initial decision."
chapter_name: "OFFICE OF THE SECRETARY OF DEFENSE"
subchapter_number: "M"
subchapter_name: "MISCELLANEOUS"
part_number: "200"
part_name: "CIVIL MONEY PENALTY AUTHORITIES FOR THE TRICARE PROGRAM"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 301; 10 U.S.C. chapter 55; 42 U.S.C. 1320a-7a."
regulatory_source: "85 FR 60705, Sept. 28, 2020, unless otherwise noted."
cfr_part: "200"
---

# 200.2022 Stay of initial decision.

(a) In a CMP case under section 1128A of the Act, 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 the DAB renders a decision in a CMP case, 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.