Code of Federal Regulations Title 45. Public Welfare § 45.1174.37 Procedures for appealing the ALJ's decision

(a) Any defendant who submits a timely answer and is found liable in an initial decision for a civil penalty or assessment may appeal the decision.

(b) The defendant may file a notice of appeal with the authority head within thirty days following issuance of the initial decision, serving a copy of the notice of appeal on all parties and the ALJ. The authority head may extend this deadline for up to an additional thirty days if the defendant files an extension request within the initial thirty day period and shows good cause.

(c) The authority head shall not consider a defendant's appeal until all timely motions for reconsideration have been resolved.

(d) If the ALJ denies a timely motion for reconsideration, the defendant may file a notice of appeal within thirty days following such denial or issuance of a revised initial decision, whichever applies.

(e) The defendant must support its notice of appeal with a written brief specifying why the authority head should reverse or modify the initial decision.

(f) The authority's representative may file a brief in opposition to the notice of appeal within thirty days of receiving the defendant's appeal and supporting brief.

(g) If a defendant timely files a notice of appeal, and the time for filing reconsideration motions has expired, the ALJ will forward the record of the proceeding to the authority head.

(h) An initial decision is automatically stayed pending disposition of a motion for reconsideration or of an appeal to the authority head.

(i) No administrative stay is available following the authority head's final decision.