[Code of Federal Regulations]

[Title 42, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR73.21]



[Page 453]

 

                         TITLE 42--PUBLIC HEALTH

 

    CHAPTER I--PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN 

                                SERVICES

 

PART 73_SELECT AGENTS AND TOXINS--Table of Contents

 

Sec.  73.21  Civil money penalties.



    (a) The Inspector General of the Department of Health and Human 

Services is delegated authority to conduct investigations and to impose 

civil money penalties against any individual or entity in accordance 

with regulations in 42 CFR part 1003 for violations of the regulations 

in this part, as authorized by the Public Health Security and 

Bioterrorism Preparedness and Response Act of 2002 (Pub. L. 107-188). 

The delegation of authority includes all powers contained in section 6 

of the Inspector General Act of 1978 (5 U.S.C. App.).

    (b) The administrative law judges in, assigned to, or detailed to 

the Departmental Appeals Board have been delegated authority to conduct 

hearings and to render decisions in accordance with 42 CFR part 1005 

with respect to the imposition of civil money penalties, as authorized 

by the Public Health Security and Bioterrorism Preparedness and Response 

Act of 2002 (Pub. L. 107-188). This delegation includes, but is not 

limited to, the authority to administer oaths and affirmations, to 

subpoena witnesses and documents, to examine witnesses, to exclude or 

receive and give appropriate weight to materials and testimony offered 

as evidence, to make findings of fact and conclusions of law, and to 

determine the civil money penalties to be imposed.

    (c) The Departmental Appeals Board of the Department of Health and 

Human Services is delegated authority to make final determinations with 

respect to the imposition of civil money penalties for violations of the 

regulations of this part.