42 CFR § 423.2114 - Dismissal of request for review.
---
identifier: "/us/cfr/t42/s423.2114"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "42 CFR § 423.2114 - Dismissal of request for review."
title_number: 42
title_name: "Public Health"
section_number: "423.2114"
section_name: "Dismissal of request for review."
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"
---
# 423.2114 Dismissal of request for review.
The Council dismisses a request for review if the enrollee requesting review did not file the request within the stated period of time and the time for filing has not been extended. The Council also dismisses the request for review if—
(a) The enrollee asks to withdraw the request for review;
(b) The individual or entity does not have a right to request Council review; or
(c) The enrollee died while the request for review is pending and the enrollee's estate or representative, if any, either has no remaining financial interest in the case or does not want to continue the appeal.
[74 FR 65363, Dec. 9, 2009, as amended at 82 FR 5138, Jan. 17, 2017]