42 CFR § 431.223 - Denial or dismissal of request for a hearing.
---
identifier: "/us/cfr/t42/s431.223"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "42 CFR § 431.223 - Denial or dismissal of request for a hearing."
title_number: 42
title_name: "Public Health"
section_number: "431.223"
section_name: "Denial or dismissal of request for a hearing."
chapter_name: "CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES"
subchapter_number: "C"
subchapter_name: "MEDICAL ASSISTANCE PROGRAMS"
part_number: "431"
part_name: "STATE ORGANIZATION AND GENERAL ADMINISTRATION"
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."
regulatory_source: "43 FR 45188, Sept. 29, 1978, unless otherwise noted."
cfr_part: "431"
---
# 431.223 Denial or dismissal of request for a hearing.
The agency may deny or dismiss a request for a hearing if—
(a) The applicant or beneficiary withdraws the request. The agency must accept withdrawal of a fair hearing request via any of the modalities available per § 431.221(a)(1)(i). For telephonic hearing withdrawals, the agency must record the individual's statement and telephonic signature. For telephonic, online and other electronic withdrawals, the agency must send the affected individual written confirmation, via regular mail or electronic notification in accordance with the individual's election under § 435.918(a) of this chapter.
(b) The applicant or beneficiary fails to appear at a scheduled hearing without good cause.
[44 FR 17932, Mar. 29, 1979, as amended at 81 FR 86449, Nov. 30, 2016]