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Title 45: Public Welfare
SUBTITLE A: DEPARTMENT OF HEALTH AND HUMAN SERVICES
SUBCHAPTER B: REQUIREMENTS RELATING TO HEALTH CARE ACCESS
PART 150: CMS ENFORCEMENT IN GROUP AND INDIVIDUAL INSURANCE MARKETS
Subpart D: Administrative Hearings
150.459 - Judicial review.
(a) Filing of an action for review. Any responsible entity against whom a final order imposing a civil money penalty is entered may obtain review in the United States District Court for any district in which the entity is located or in the United States District Court for the District of Columbia by doing the following:
(1) Filing a notice of appeal in that court within 30 days from the date of a final order.
(2) Simultaneously sending a copy of the notice of appeal by registered mail to CMS.
(b) Certification of administrative record. CMS promptly certifies and files with the court the record upon which the penalty was assessed.
(c) Standard of review. The findings of CMS and the ALJ may not be set aside unless they are found to be unsupported by substantial evidence, as provided by 5 U.S.C. 706(2)(E).
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