Matthew Foster, DAB No. 2998 (2020)

DETERMINATION TO DECLINE REVIEW OF ADMINISTRATIVE LAW JUDGE ORDER OF DISMISSAL

On April 30, 2020, Matthew Foster (Petitioner) filed with the Departmental Appeals Board a document which it treated as a notice of appeal.  In that document Petitioner asks for “reconsideration” or “reopening” of the Administrative Law Judge’s February 19, 2020 order dismissing, for abandonment, Petitioner’s request for a hearing to challenge his five-year exclusion from federal health care programs.  The regulation at 42 C.F.R. § 1005.2(e)(3) states that an ALJ “will” dismiss a request for hearing if the appellant (petitioner) abandons his or her request for hearing.     

The regulations which govern Board appeals of ALJ decisions and orders relating to exclusions issued by the Inspector General require an appellant to specify (in the notice of appeal or a separate written statement) the error or errors the appellant believes were committed by the ALJ and the reasons for that belief.  42 C.F.R. § 1005.21(c).  The regulations further provide that the Board will not consider any issue that has not been raised by the appellant in the notice of appeal or accompanying written statement.  Id. § 1005.21(e).

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Petitioner’s notice of appeal does not meet the governing regulations’ content requirements.  It does not allege any factual or legal error by the ALJ in the February 19, 2020 dismissal order or attempt to raise any other issue concerning the ALJ’s handling of his case.  Petitioner merely asks the Board to review the dismissal order without saying why he believes the order is factually unfounded or legally incorrect.  For these reasons, pursuant to 42 C.F.R. § 1005.21(g), we decline review and summarily affirm the dismissal of Petitioner’s request for hearing.