[Code of Federal Regulations]

[Title 42, Volume 4]

[Revised as of October 1, 2006]

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

[CITE: 42CFR1008.45]



[Page 1217]

 

                         TITLE 42--PUBLIC HEALTH

 

      GENERAL--HEALTH CARE, DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

PART 1008_ADVISORY OPINIONS BY THE OIG--Table of Contents

 

          Subpart E_Obligations and Responsibilities of the OIG

 

Sec.  1008.45  Rescission, termination or modification.



    (a) Any advisory opinion given by the OIG is without prejudice to 

the right of the OIG to reconsider the questions involved and, where the 

public interest requires, to rescind, terminate or modify the advisory 

opinion. Requestors will be given a preliminary notice of the OIG's 

intent to rescind, terminate or modify the opinion, and will be provided 

a reasonable opportunity to respond. A final notice of rescission, 

termination or modification will be given to the requestor so that the 

individual or entity may discontinue or modify, as the case may be, the 

course of action taken in accordance with the OIG advisory opinion.

    (b) For purposes of this part--

    (1) To rescind an advisory opinion means that the advisory opinion 

is revoked retroactively to the original date of issuance with the 

result that the advisory opinion will be deemed to have been without 

force and effect from the original date of issuance. Recission may occur 

only where relevant and material facts were not fully, completely and 

accurately disclosed to the OIG.

    (2) To terminate an advisory opinion means that the advisory opinion 

is revoked as of the termination date and is no longer in force and 

effect after the termination date. The OIG will not proceed against the 

requestor under this part if such action was promptly, diligently, and 

in good faith discontinued in accordance with reasonable time frames 

established by the OIG after consultation with the requestor.

    (3) To modify an advisory opinion means that the advisory opinion is 

amended, altered, or limited, and that the advisory opinion continues in 

full force and effect in modified form thereafter. The OIG will not 

proceed against the requestor under this part if such action was 

promptly, diligently, and in good faith modified in accordance with 

reasonable time frames established by the OIG after consultation with 

the requestor.



[63 FR 38326, July 16, 1998]