42 CFR § 1005.22 - Stay of initial decision.

---
identifier: "/us/cfr/t42/s1005.22"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "42 CFR § 1005.22 - Stay of initial decision."
title_number: 42
title_name: "Public Health"
section_number: "1005.22"
section_name: "Stay of initial decision."
chapter_name: "OFFICE OF INSPECTOR GENERAL-HEALTH CARE, DEPARTMENT OF HEALTH AND HUMAN SERVICES"
subchapter_number: "B"
subchapter_name: "OIG AUTHORITIES"
part_number: "1005"
part_name: "APPEALS OF EXCLUSIONS, CIVIL MONEY PENALTIES AND ASSESSMENTS"
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. 405(a), 405(b), 1302, 1320a-7, 1320a-7a and 1320c-5."
regulatory_source: "57 FR 3350, Jan. 29, 1992, unless otherwise noted."
cfr_part: "1005"
---


# 1005.22 Stay of initial decision.

(a) In a CMP case under section 1128A of the Act, the filing of a respondent's request for review by the DAB will automatically stay the effective date of the ALJ's decision.

(b) (1) After the DAB renders a decision in a CMP case, pending judicial review, the respondent may file a request for stay of the effective date of any penalty or assessment with the ALJ. The request must be accompanied by a copy of the notice of appeal filed with the Federal court. The filing of such a request will automatically act to stay the effective date of the penalty or assessment until such time as the ALJ rules upon the request.

(2) The ALJ may not grant a respondent's request for stay of any penalty or assessment unless the respondent posts a bond or provides other adequate security.

(3) The ALJ will rule upon a respondent's request for stay within 10 days of receipt.