TITLE 45 - PUBLIC WELFARE

SUBTITLE A - DEPARTMENT OF HEALTH AND HUMAN

CHAPTER I - SERVICES, GENERAL ADMINISTRATION

SUBCHAPTER C - ADMINISTRATIVE DATA STANDARDS AND RELATED REQUIREMENTS

PART 160 - GENERAL ADMINISTRATIVE REQUIREMENTS

subpart e - CIVIL MONEY PENALTIES: PROCEDURES FOR INVESTIGATIONS, IMPOSITION OF PENALTIES, AND HEARINGS

160.514 - Notice of proposed determination.

  (a) If a penalty is proposed in accordance with this part, the Secretary must deliver, or send by certified mail with return receipt requested, to the respondent written notice of the Secretary's intent to impose a penalty. This notice of proposed determination must include (1) Reference to the statutory basis for the penalty; (2) A description of the findings of fact regarding the act(s) or omission(s) with respect to which the penalty is proposed; (3) The reason(s) why the act(s) or omission(s) subject(s) the respondent to a penalty; (4) The amount of the proposed penalty; (5) Instructions for responding to the notice, including a statement of the respondent's right to a hearing, a statement that failure to request a hearing within 60 days permits the imposition of the proposed penalty without the right to a hearing under 160.554 or a right of appeal under 160.568, and the address to which the hearing request must be sent.

  (b) The respondent may request a hearing before an ALJ on the proposed penalty by filing a request therefor in accordance with 160.526 of this subpart.