PART 13—PROGRAM FRAUD CIVIL REMEDIES

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Sec.

13.1 Basis and purpose.

13.2 Definitions.

13.3 Basis for civil penalties and assessments.

13.4 Investigation.

13.5 Review by the reviewing official.

13.6 Prerequisites for issuing a complaint.

13.7 Complaint.

13.8 Service of complaint.

13.9 Answer.

13.10 Default upon failure to file an answer.

13.11 Referral of complaint and answer to the ALJ.

13.12 Notice of hearing.

13.13 Parties to the hearing.

13.14 Separation of functions.

13.15 Ex parte contacts.

13.16 Disqualification of reviewing official or ALJ.

13.17 Rights of parties.

13.18 Authority of the ALJ.

13.19 Prehearing conferences.

13.20 Disclosure of documents.

13.21 Discovery.

13.22 Exchange of witness lists, statements, and exhibits.

13.23 Subpoenas for attendance at hearing.

13.24 Protective order.

13.25 Fees.

13.26 Filing and service of papers.

13.27 Computation of time.

13.28 Motions.

13.29 Sanctions.

13.30 The hearing and burden of proof.

13.31 Determining the amount of penalties and assessments.

13.32 Location of hearing.

13.33 Witnesses.

13.34 Evidence.

13.35 The record.

13.36 Post-hearing briefs.

13.37 Initial decision.

13.38 Reconsideration of initial decision.

13.39 Appeal to authority head.

13.40 Stays ordered by the Department of Justice.

13.41 Stay pending appeal.

13.42 Judicial review.

13.43 Collection of civil penalties and assessments.

13.44 Right to administrative offset.

13.45 Deposit in Treasury of United States.

13.46 Compromise or settlement.

13.47 Limitations.

Authority: Omnibus Reconciliation Act of 1986, secs. 6101–6104 (31 U.S.C. 3801–3812); Government Paperwork Elimination Act sec. 1704 (44 U.S.C. 3504 note). Sections 13.13(a) and (b) also issued under Pub. L. 101–410, as amended by section 31001(s), Pub. L. 104–134, (28 U.S.C. 2461 note).

Source: 56 FR 47135, Sept. 18, 1991, unless otherwise noted.

[77 FR 39904, Jul. 6, 2012]