42 CFR § 498.74 - Administrative Law Judge's decision.
---
identifier: "/us/cfr/t42/s498.74"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "42 CFR § 498.74 - Administrative Law Judge's decision."
title_number: 42
title_name: "Public Health"
section_number: "498.74"
section_name: "Administrative Law Judge's decision."
chapter_name: "CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES"
subchapter_number: "G"
subchapter_name: "STANDARDS AND CERTIFICATION"
part_number: "498"
part_name: "APPEALS PROCEDURES FOR DETERMINATIONS THAT AFFECT PARTICIPATION IN THE MEDICARE PROGRAM AND FOR DETERMINATIONS THAT AFFECT THE PARTICIPATION OF ICFs/IID AND CERTAIN NFs IN THE MEDICAID 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, 1320a-7j, and 1395hh."
regulatory_source: "52 FR 22446, June 12, 1987, unless otherwise noted."
cfr_part: "498"
---
# 498.74 Administrative Law Judge's decision.
(a) *Timing, basis and content.* As soon as practical after the close of the hearing, the ALJ issues a written decision in the case. The decision is based on the evidence of record and contains separate numbered findings of fact and conclusions of law.
(b) *Notice and effect.* A copy of the decision is mailed to the parties and is binding on them unless—
(1) A party requests review by the Departmental Appeals Board within the time period specified in § 498.82, and the Board reviews the case;
(2) The Departmental Appeals Board denies the request for review and the party seeks judicial review by filing an action in a United States District Court or, in the case of a civil money penalty, in a United States Court of Appeals;
(3) The decision is revised by an ALJ or the Departmental Appeals Board; or
(4) The decision is a recommended decision directed to the Board.
[52 FR 22446, June 12, 1987, as amended at 61 FR 32351, June 24, 1996]