(a) Appeal rights of Part D sponsors. (1) Any Part D sponsor dissatisfied with an initial determination as specified in 423.1004, has a right to a hearing before an ALJ in accordance with this subpart and may request Departmental Appeals Board review of the ALJ decision.

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(2) Part D sponsors may request judicial review of the Departmental Appeals Board’s decision that imposes a CMP.

(b) [Reserved]