42 CFR §426.470
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (a)Docketing the appeal. The Board does the following upon receiving an appeal of part or all of an ALJ's decision:
- (b)Evaluating the acceptability of the appeal. The Board determines if the appeal is acceptable by confirming that the appeal meets all of the criteria in § 426.465.
- (c)Unacceptable appeal. If the Board determines that an appeal is unacceptable, the Board must dismiss the appeal.
- (d)Acceptable appeal. If the Board determines that an appeal is acceptable, the Board does the following:
- (1)Sends a letter to the appellant to acknowledge that the appeal is acceptable, and informs them of the docket number.
- (2)Forwards a copy of the appeal and the letter described in paragraph (d)(1) of this section to all parties involved in the appeal.
- (3)Requires the ALJ to send a copy of the ALJ's LCD review record (maintaining any sealed documents) to the Board and a copy of the public record to all parties involved in the appeal.
- (e)No participation as amicus curiae. The Board may not allow participation by amicus participants in the review of an LCD.