(a) ALJ means an Administrative Law Judge in the authority appointed
pursuant to 5 U.S.C. 3105 or detailed to the authority pursuant to 5
U.S.C. 3344.
(b) Authority means the United States Department of Labor.
(c) Authority head means the Secretary of Labor or his or her
designee.
(d) Benefit means, in the context of statement, anything of value,
including but not limited to any advantage, preference, privilege,
license, permit, favorable decision, ruling, status, or loan guarantee.
(e) Claim means, any request, demand, or submission--
(1) Made to the authority for property, services, or money
(including money representing grants, loans, insurance, or benefits);
(2) Made to a recipient of property, services, or money from the
authority or to a party to a contract with the authority--
(i) For property or services if the United States--
(A) Provided such property or services;
(B) Provided any portion of the funds for the purchase of such
property or services; or
(C) Will reimburse such recipient or party for the purchase of such
property or services; or
(ii) For the payment of money (including money representing grants,
loans, insurance, or benefits) if the United States--
(A) Provided any portion of the money requested or demanded; or
(B) Will reimburse such recipient or party for any portion of the
money paid on such request or demand; or
(3) Made to the authority which has the effect of decreasing an
obligation to pay or account for property, services, or money.
(f) Complaint means the administrative complaint served by the
reviewing official on the defendant under Sec. 22.7.
(g) Defendant means any person alleged in a complaint under
Sec. 22.7 to be liable for a civil penalty or assessment under
Sec. 22.3.
(h) Department means the United States Department of Labor.
(i) Government means the United States Government.
(j) Individual means a natural person.
(k) Initial decision means the written decision of the ALJ required
by Sec. 22.10 or Sec. 22.37, and includes a revised initial decision
issued following a remand or a motion for reconsideration.
(l) Investigating official means the Inspector General of the
Department of Labor or an officer or employee of the Office of the
Inspector General designated by the Inspector General and serving in a
position for which the rate of basic pay is not less than the minimum
rate of basic pay for grade GS-16 under the General Schedule.
(m) Knows or has reason to know, means that a person, with respect
to a claim or statement--
(1) Has actual knowledge that the claim or statement is false,
fictitious, or fraudulent;
(2) Acts in deliberate ignorance of the truth or falsity of the
claim or statement; or
(3) Acts in reckless disregard of the truth or falsity of the claim
or statement.
(n) Makes, wherever it appears, shall include the terms presents,
submits, and causes to be made, presented, or submitted. As the context
requires, making or made, shall likewise include the corresponding forms
of such terms.
(o) Person means any individual, partnership, corporation,
association, or private organization, and includes the plural of that
term.
(p) Representative means an attorney who is in good standing of the
bar in any state, territory, or possession of the United States or of
the District of Columbia or the Commonwealth of Puerto Rico, or other
representative meeting the qualifications of a non-attorney
representative found at 29 CFR
18.34 and designated by a party in writing.
(q) Reviewing official means the Solicitor of the Department of
Labor or his designee who is--
(1) Not subject to supervision by, or required to report to, the
investigating official; and
(2) Not employed in the organizational unit of the authority in
which the investigating official is employed;
(3) Serving in a position for which the rate of basic pay is not
less than the minimum rate of basic pay for Grade GS-16 under the
General Schedule.
(r) Statement means any representation, certification, affirmation,
document, record, or accounting or bookkeeping entry made--
(1) With respect to a claim or to obtain the approval or payment of
a claim (including relating to eligibility to make a claim); or
(2) With respect to (including relating to eligibility for)--
(i) A contract with, or a bid or proposal for a contract with; or
(ii) A grant, loan, or benefit from,
the authority, or any State, political subdivision of a State, or other
party, if the United States Government provides any portion of the money
or property under such contractor for such grant, loan, or benefit, or
if the Government will reimburse such State, political subdivision, or
party for any portion of the money or property under such contract or
for such grant, loan, or benefit.
[52 FR 48492, Dec. 22, 1987, as amended at 61 FR 19985, May 3, 1996]
