Section 488.436 - Civil money penalties: Waiver of hearing, reduction of penalty amount(a)Constructive waiver of a hearing. A facility is considered to have waived its right to a hearing after 60 days from the date of the notice imposing the civil money penalty if CMS has not received a request for a hearing from the facility.(b)Reduction of penalty amount.(1) If the facility waives its right to a hearing in accordance with the procedures specified in paragraph (a) of this section, CMS or the State reduces the civil money penalty by 35 percent, as long as the civil money penalty has not also been reduced by 50 percent under § 488.438 .(2) If the facility does not waive its right to a hearing in accordance with the procedures specified in paragraph (a) of this section, the civil money penalty is not reduced by 35 percent.59 FR 56243, Nov. 10, 1994; 62 FR 44221, Aug. 20, 1997, as amended at 76 FR 15127 , Mar. 18, 2011; 88 FR 53347 , Aug. 7, 2023