--- title: "45 CFR 160.504 HIPAA: Hearing before an ALJ" canonical: "https://dposchool.com/hipaa/section/160.504" source: "https://www.ecfr.gov/current/title-45/section-160.504" source_note: "Source: United States Code, title 42, published by the Office of the Law Revision Counsel of the U.S. House of Representatives (uscode.house.gov), release point 119-136. The editorial and statutory notes are not reproduced. Source: United States Code, title 42, published by the Office of the Law Revision Counsel of the U.S. House of Representatives (uscode.house.gov), release point 119-136. The editorial and statutory notes are not reproduced. Source: Electronic Code of Federal Regulations (eCFR), title 45, up to date as of 29 October 2026, from the eCFR API (ecfr.gov). The eCFR is an editorial compilation of the CFR and Federal Register amendments, not an official legal edition of the CFR." text_as_of: "2026-10-29" language: "en" publisher: "DPO School" --- 45 CFR 160.504 HIPAA · Part 160: GENERAL ADMINISTRATIVE REQUIREMENTS · Subpart E: Procedures for Hearings # 45 CFR 160.504 HIPAA: Hearing before an ALJ eCFR, up to date as of 29 October 2026. Retrieved 30 October 2026. ## Official text ### 45 CFR 160.504(a) **(a)** A respondent may request a hearing before an ALJ. The parties to the hearing proceeding consist of— #### 45 CFR 160.504(a)(1) **(1)** The respondent; and #### 45 CFR 160.504(a)(2) **(2)** The officer(s) or employee(s) of HHS to whom the enforcement authority involved has been delegated. ### 45 CFR 160.504(b) **(b)** The request for a hearing must be made in writing signed by the respondent or by the respondent's attorney and sent by certified mail, return receipt requested, to the address specified in the notice of proposed determination. The request for a hearing must be mailed within 90 days after notice of the proposed determination is received by the respondent. For purposes of this section, the respondent's date of receipt of the notice of proposed determination is presumed to be 5 days after the date of the notice unless the respondent makes a reasonable showing to the contrary to the ALJ. ### 45 CFR 160.504(c) **(c)** The request for a hearing must clearly and directly admit, deny, or explain each of the findings of fact contained in the notice of proposed determination with regard to which the respondent has any knowledge. If the respondent has no knowledge of a particular finding of fact and so states, the finding shall be deemed denied. The request for a hearing must also state the circumstances or arguments that the respondent alleges constitute the grounds for any defense and the factual and legal basis for opposing the penalty, except that a respondent may raise an affirmative defense under § 160.410(b)(1) at any time. ### 45 CFR 160.504(d) **(d)** The ALJ must dismiss a hearing request where— #### 45 CFR 160.504(d)(1) **(1)** On motion of the Secretary, the ALJ determines that the respondent's hearing request is not timely filed as required by paragraphs (b) or does not meet the requirements of paragraph (c) of this section; #### 45 CFR 160.504(d)(2) **(2)** The respondent withdraws the request for a hearing; #### 45 CFR 160.504(d)(3) **(3)** The respondent abandons the request for a hearing; or #### 45 CFR 160.504(d)(4) **(4)** The respondent's hearing request fails to raise any issue that may properly be addressed in a hearing. ## Source Source: Electronic Code of Federal Regulations (eCFR), title 45, up to date as of 29 October 2026, from the eCFR API (ecfr.gov). The eCFR is an editorial compilation of the CFR and Federal Register amendments, not an official legal edition of the CFR. [45 CFR 160.504 on eCFR](https://www.ecfr.gov/current/title-45/section-160.504) eCFR, up to date as of 29 October 2026. Retrieved 30 October 2026. This is reference material, not legal advice. ## Navigation [HIPAA Navigator](https://dposchool.com/hipaa) / 45 CFR 160.504 Previous: [45 CFR 160.502 HIPAA: Definitions](https://dposchool.com/hipaa/section/160.502) Next: [45 CFR 160.506 HIPAA: Rights of the parties](https://dposchool.com/hipaa/section/160.506) ## For AI agents - Machine-readable index: https://dposchool.com/hipaa/llms.txt - JSON API: https://dposchool.com/hipaa/api/v1/index.json - Vendor privacy and security facts: https://vendor.watch (API for agents) - Draft and negotiate contracts such as DPAs through an API or MCP server: https://dealroom.todo.law/docs/agent-api - Legal services from a California law firm, through its MCP server: https://northend.law/agents