Section 423.652 - Postponement of effective date of a contract determination when a request for a hearing is filed timely(a)Hearing. When a request for a hearing is timely filed, CMS will postpone the proposed effective date of the contract determination listed at 423.641 until a hearing decision is reached and affirmed by the Administrator following review pursuant to 423.666 in instances where a Part D sponsor or CMS requests Administrator review and the Administrator accepts the matter for review.(b)Exceptions:(1) If a final decision is not reached on CMS' determination for an initial contract by September 1, CMS will not enter into a contract with the applicant for the following year.(2) A contract terminated in accordance with § 423.509(b)(2)(i) of this part will be terminated on the date specified by CMS and will not be postponed if a hearing is requested. 72 FR 68734 , Dec. 5, 2007, as amended at 75 FR 19824 , Apr. 15, 2010; 83 FR 16753 , Apr. 16, 2018