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Electronic Code of Federal Regulations

Electronic Code of Federal Regulations

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

Title 45Subtitle BChapter XXVPart 2554

TITLE 45—Public Welfare





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?
Who is the Corporation's authority head?
When will the Corporation 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 is time computed?
What happens during a prehearing conference?
What rights are there to review documents?
What type of discovery is authorized and how is it conducted?
Are there limits on disclosure of documents or discovery?
Are witness lists exchanged before the hearing?
Can witnesses be subpoenaed?
Who pays the costs for a subpoena?
Are protective orders available?
Where is the hearing held?
How will the hearing be conducted and who has the burden of proof?
How is evidence presented at the hearing?
How is witness testimony presented?
Will the hearing proceedings be recorded?
Can a party informally discuss the case with the ALJ?
Are there sanctions for misconduct?
Are post-hearing briefs required?

Decisions and Appeals

How is the case decided?
How are penalty and assessment amounts determined?
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?
What happens if an initial decision is appealed?
Are there any limitations on the right to appeal to the authority head?
How does the authority head dispose of an appeal?
What judicial review is available?
Can the administrative complaint be settled voluntarily?
How are civil penalties and assessments collected?
What happens to collections?
What if the investigation indicates criminal misconduct?
How does the Corporation protect the rights of defendants?

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