Departmental Appeals Board

Regulations Establishing Procedures for Board Review

Regulations establishing procedures for Board review different from the procedures in 45 C.F.R. Part 16 include the following:

20 C.F.R. Part 498, for review of decisions of administrative law judges regarding civil money penalties proposed by the Inspector General, Social Security Administration, under the Social Security Act.

21 C.F.R. Part 17, for review of decisions of administrative law judges (outside the DAB) regarding civil money penalties under the Federal Food, Drug, and Cosmetic Act and the Public Health Service Act;

25 C.F.R. Part 900, for review of decisions of administrative law judges (outside the DAB) regarding contract declinations by the Indian Health Service (review authority pursuant to delegation by the Secretary to the Appellate Division);

42 C.F.R. Part 493, Subpart R (adopting the procedures in 42 C.F.R. Part 498), for review of decisions of administrative law judges in cases under the Clinical Laboratory Improvement Amendments of 1988 and related statutes (see also Guidelines);

42 C.F.R. Part 498, for review of decisions of administrative law judges affecting providers' participation in the Medicare and Medicaid programs (see also Guidelines);

42 C.F.R. Part 1005, for review of decisions of administrative law judges regarding exclusions from participation in the Medicare and Medicaid programs and civil money penalties proposed by the Inspector General;

45 C.F.R. Part 79, for review of decisions of administrative law judges regarding liability for civil penalties or assessments under the Program Fraud Civil Remedies Act of 1986 (see also Guidelines);

45 C.F.R. Parts 80, 81 and 84, for review of decisions of administrative law judges regarding enforcement of the Civil Rights Act of 1964 and related statutes as well as section 504 of the Rehabilitation Act of 1973 (see also Guidelines) (review authority pursuant to Secretarial appointment of individual Board members as Civil Rights Reviewing Authority);

45 C.F.R. Part 1303, for review of certain suspensions, terminations and denials of refunding of Head Start grants proposed by the Administration for Children and Families; and

45 C.F.R. Part 262, for review of penalties imposed by the Administration for Children and Families under the Temporary Assistance for Needy Families.

45 C.F.R. Part 1336, for review of grant ineligibility determinations made by the Administration for Native Americans.