Scope of Administrative Law Judge's (ALJ) authority.

  1. Law
  2. CFR 45
  3. Public Welfare
  4. Department of Health and Human Services
  5. Requirements Relating to Health Care Access
  6. Health Insurance Issuer Standards Under the Affordable Care Act, Including Standards Related to Exchanges
  7. Administrative Review of QHP Issuer Sanctions
  8. Scope of Administrative Law Judge's (ALJ) authority.

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§ 156.903 Scope of Administrative Law Judge's (ALJ) authority.

(a) The ALJ has the authority, including all of the authority conferred by the Administrative Procedure Act (5 U.S.C. 554a), to adopt whatever procedures may be necessary or proper to carry out in an efficient and effective manner the ALJ's duty to provide a fair and impartial hearing on the record and to issue an initial decision concerning the imposition of a civil money penalty of a QHP offered in a Federally-facilitated Exchange, State Exchange, and State-based Exchange on the Federal platform, or the decertification of a QHP offered in a Federally-facilitated Exchange.

(b) The ALJ's authority includes the authority to modify, consistent with the Administrative Procedures Act (5 U.S.C. 552a), any hearing procedures set out in this subpart.

(c) The ALJ does not have the authority to find invalid or refuse to follow Federal statutes or regulations.

[78 FR 65101, Oct. 30, 2013, as amended at 86 FR 24293, May 5, 2021]


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