42 CFR § 423.2024 - Objections to the issues.
---
identifier: "/us/cfr/t42/s423.2024"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "42 CFR § 423.2024 - Objections to the issues."
title_number: 42
title_name: "Public Health"
section_number: "423.2024"
section_name: "Objections to the issues."
chapter_name: "CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES"
subchapter_number: "B"
subchapter_name: "MEDICARE PROGRAM"
part_number: "423"
part_name: "VOLUNTARY MEDICARE PRESCRIPTION DRUG BENEFIT"
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-101 through 1395w-152, and 1395hh."
regulatory_source: "70 FR 4525, Jan. 28, 2005, unless otherwise noted."
cfr_part: "423"
---
# 423.2024 Objections to the issues.
(a) If an enrollee objects to the issues described in the notice of hearing, he or she must notify the ALJ in writing at the earliest possible opportunity before the time set for the hearing, and no later than 5 calendar days before the hearing, except for expedited hearings in which the enrollee must submit written or oral notice of objection no later than 2 calendar days before the hearing. OMHA must document all oral objections in writing and maintain the documentation in the case files.
(b) The enrollee must provide the reasons for his or her objections.
(c) The ALJ makes a decision on the objections either in writing, at a prehearing conference, or at the hearing.
[74 FR 65363, Dec. 9, 2009, as amended at 82 FR 5132, Jan. 17, 2017]