42 CFR § 402.5 - Right to a hearing before the final determination.

---
identifier: "/us/cfr/t42/s402.5"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "42 CFR § 402.5 - Right to a hearing before the final determination."
title_number: 42
title_name: "Public Health"
section_number: "402.5"
section_name: "Right to a hearing before the final determination."
chapter_name: "CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES"
subchapter_number: "A"
subchapter_name: "GENERAL PROVISIONS"
part_number: "402"
part_name: "CIVIL MONEY PENALTIES, ASSESSMENTS, AND EXCLUSIONS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 1302 and 1395hh."
regulatory_source: "63 FR 68690, Dec. 14, 1998, unless otherwise noted."
cfr_part: "402"
---


# 402.5 Right to a hearing before the final determination.

CMS or OIG does not make a determination adverse to any person under this part until the person has been given a written notice and opportunity for the determination to be made on the record after a hearing at which the person is entitled to be represented by counsel, to present witnesses, and to cross-examine witnesses against the person.