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e-CFR data is current as of November 25, 2015

Title 13Chapter IPart 142

TITLE 13—Business Credit and Assistance




Overview and Definitions

Overview of regulations.
What kind of conduct will result in program fraud enforcement?
What is a claim?
What is a statement?
What is a false claim or statement?
What does the phrase “know or have reason to know” mean?

Procedures Leading to Issuance of a Complaint

Who investigates program fraud?
What happens if program fraud is suspected?
When will SBA issue a complaint?
What is contained in a complaint?
How will the complaint be served?

Procedures Following Service of a Complaint

How does a defendant respond to the complaint?
What happens if a defendant fails to file an answer?
What happens once an answer is filed?

Hearing Provisions

What kind of hearing is contemplated?
At the hearing, what rights do the parties have?
What is the role of the ALJ?
Can the reviewing official or ALJ be disqualified?
How are issues brought to the attention of the ALJ?
How are papers served?
How will the hearing be conducted and who has the burden of proof?
How is evidence presented at the hearing?
Are there limits on disclosure of documents or discovery?
Can witnesses be subpoenaed?
Can a party or witness object to discovery?
Can a party informally discuss the case with the ALJ?
Are there sanctions for misconduct?
Where is the hearing held?
Are witness lists exchanged before the hearing?

Decisions and Appeals

How is the case decided?
Can a party request reconsideration of the initial decision?
When does the initial decision of the ALJ become final?
What are the procedures for appealing the ALJ decision?
Are there any limitations on the right to appeal to the Administrator?
How does the Administrator dispose of an appeal?
Can I obtain judicial review?
What judicial review is available?
Can the administrative complaint be settled voluntarily?
How are civil penalties and assessments collected?
What if the investigation indicates criminal misconduct?
How does SBA protect the rights of defendants?

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