[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR224.39]

[Page 929-930]
 
                       TITLE 22--FOREIGN RELATIONS
 
            CHAPTER II--AGENCY FOR INTERNATIONAL DEVELOPMENT
 
PART 224--IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL REMEDIES ACT--Table of Contents
 
Sec. 224.39  Appeal to A.I.D. Administrator.

    (a) Any defendant who has filed a timely answer and who is 
determined in an initial decision to be liable for a civil penalty or 
assessment may appeal such decision to the A.I.D. Administrator by 
filing a notice of appeal with the A.I.D. Administrator in accordance 
with this section.
    (b)(1) A notice of appeal may be filed at any time within 30 days 
after the ALJ issues an initial decision. However, if another party 
files a motion for reconsideration under Sec. 224.38, consideration of 
the appeal shall be stayed automatically pending resolution of the 
motion for reconsideration.
    (2) If a motion for reconsideration is timely filed, a notice of 
appeal may be filed within 30 days after the ALJ denies the motion or 
issues a revised initial decision, whichever applies.
    (3) The A.I.D. Administrator may extend the initial 30 day period 
for an additional 30 days if the defendant files with the A.I.D. 
Administrator a request for an extension within the initial 30 day 
period and shows good cause.
    (c) If the defendant files a timely notice of appeal with the A.I.D. 
Administrator, and the time for filing motions for reconsideration under 
Sec. 224.38 has expired, the ALJ shall forward the record of the 
proceeding to the A.I.D. Administrator.
    (d) A notice of appeal shall be accompanied by a written brief 
specifying exceptions to the initial decision and reasons supporting the 
exceptions.
    (e) The representative for the Government may file a brief in 
opposition to exceptions within 30 days of receiving the notice of 
appeal and accompanying brief.
    (f) There is no right to appear personally before the A.I.D. 
Administrator.
    (g) There is no right to appeal any interlocutory ruling by the ALJ.
    (h) In reviewing the initial decision, the A.I.D. Administrator 
shall not consider any objection that was not raised before the ALJ 
unless a demonstration is made of extraordinary circumstances causing 
the failure to raise the objection.
    (i) If any party demonstrates to the satisfaction of the A.I.D. 
Administrator that additional evidence not presented at such hearing is 
material and that there were reasonable grounds for the failure to 
present such evidence at such hearing, the A.I.D. Administrator shall 
remand the matter to the ALJ for consideration of such additional 
evidence.
    (j) The A.I.D. Administrator may affirm, reduce, reverse, 
compromise, remand, or settle any penalty or assessment determined by 
the ALJ in an initial decision.
    (k) The A.I.D. Administrator shall promptly serve each party to the 
appeal with a copy of his/her decision and a statement describing the 
right of any person determined to be liable for a penalty or assessment 
to seek judicial review.
    (l) Unless a petition for review is filed as provided in 31 U.S.C. 
3805 after a defendant has exhausted all administrative remedies under 
this part and within 60 days after the date on which

[[Page 930]]

the A.I.D. Administrator serves the defendant with a copy of his/her 
decision, a determination that a defendant is liable under Sec. 224.3 is 
final and is not subject to judicial review.