SUBJECT:

Social Security Administration,

Petitioner,

Akbar Aghaebrahim,

Respondent.

I grant the motion of the Social Security Administration's Office of Counsel to the Inspector General (SSA-OCIG) to dismiss the hearing request filed by Akbar Aghaebrahim (Respondent). I find that Respondent has no right to a hearing in that the SSA-OCIG has determined not to pursue the penalties and/or assessments against Respondent based on conduct described in the October 27, 2005 notice.

Respondent's request for hearing is dismissed for lack of jurisdiction.

I. Discussion

By notice letter dated October 27, 2005 (October 27^th notice), Respondent was informed by SSA-OCIG that it was proposing to impose a civil money penalty (CMP) in the amount of $5,000 against Respondent. SSA-OCIG determined that Respondent, along with his wife, made a statement in the Application for Supplemental Security Income (SSI) benefits that he knew or should have known was false, and that statement was made to receive payment of SSI benefits to which Respondent was not legally entitled. In addition to the proposed CMP, the October 27^th notice informed Respondent that four aggravating circumstances were present in Respondent's case.

By letter dated December 27, 2005, Respondent filed a request for hearing. The case was docketed on February 2, 2006 and assigned to me for hearing. On April 25, 2006, I issued a Scheduling Order and Notice of Hearing, which established prehearing exchange deadlines and a hearing date of August 4, 2006. In accordance with the deadlines set, the parties timely submitted their respective prehearing exchanges.

At the conclusion of the exchange process, a prehearing telephone conference was scheduled for July 27, 2006. On July 26, 2006, the SSA-OCIG filed a motion to dismiss the matter. During the telephone conference on July 27^th, the SSA-OCIG re-affirmed its motion to dismiss. In that the SSA-OCIG's motion to dismiss was insufficient in its citation of grounds for dismissal, counsel was instructed to file an amended motion citing authority for which dismissal would be appropriate. The SSA-OCIG filed an amended motion to dismiss on July 27, 2006, advising of the SSA's decision to withdraw its notice of proposed CMP.

Pursuant to 20 C.F.R. � 498.202(a), a party notified of a proposed sanction of a CMP or assessment may request a hearing before an administrative law judge (ALJ). See also 20 C.F.R. �� 498.109-110. However, where as here, the SSA-OCIG decides to withdraw the notice of proposed CMP or assessment, a respondent's request for hearing no longer raises an issue that may be properly addressed at hearing. Accordingly, dismissal is required pursuant to 20 C.F.R. � 498.202(f)(3).

II. Conclusion

For the foregoing reasons, Respondent's request for hearing is dismissed.

Keith W. Sickendick

Administrative Law Judge