42 CFR § 422.1064 - Notice and effect of dismissal and right to request review.

---
identifier: "/us/cfr/t42/s422.1064"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "42 CFR § 422.1064 - Notice and effect of dismissal and right to request review."
title_number: 42
title_name: "Public Health"
section_number: "422.1064"
section_name: "Notice and effect of dismissal and right to request review."
chapter_name: "CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES"
subchapter_number: "B"
subchapter_name: "MEDICARE PROGRAM"
part_number: "422"
part_name: "MEDICARE ADVANTAGE PROGRAM"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 1302, 1306, 1395w-21 through 1395w-28, and 1395hh."
regulatory_source: "63 FR 18134, Apr. 14, 1998, unless otherwise noted."
cfr_part: "422"
---


# 422.1064 Notice and effect of dismissal and right to request review.

(a) Notice of the ALJ's dismissal action is mailed to the parties. The notice advises the affected party of its right to request that the dismissal be vacated as provided in 422.1066.

(b) The dismissal of a request for hearing is binding unless it is vacated by the ALJ or the Departmental Appeals Board.