Ali

MEMORANDUM **

Rustom Ali d/b/a Sonali Diagnostic Laboratory (“SDL”) appeals pro se from the final decision of the Departmental Appeals Board (“DAB”) of the Department of Health and Human Services (“HHS”) upholding the revocation of SDL’s certificate of registration issued under the Clinical Laboratory Improvement Amendments (“CLIA”) of 1988. We have jurisdiction under 42 U.S.C. § 263a(k)(1). We review for abuse of discretion, Wash. State Health Facilities, Ass’n v. State of Wash., Dept, of Soc. and Health Servs., 879 F.2d 677, 681 (9th Cir.1989), and we deny the petition.

The DAB did not abuse its discretion by concluding that HHS was authorized to stop SDL testing operations prior to a hearing because HHS’s constituent enforcement division found immediate jeopardy to the public safety due to condition-level deficiencies. See 42 U.S.C. § 263a(i)(2) (conferring authority to suspend or limit the certificate of a lab before holding a hearing when non-compliance poses serious risk to human health); Wash. State Health Facilities, Ass’n., 879 F.2d at 681 (“[A]gency’s interpretation of its own regulations is entitled to a high degree of deference and will be upheld as long as it is not…