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e-CFR data is current as of March 4, 2021

Title 45Subtitle BChapter XXVPart 2540 → Subpart F


Title 45: Public Welfare
PART 2540—GENERAL ADMINISTRATIVE PROVISIONS


Subpart F—False or Misleading Statements


Contents
§2540.600   What definitions apply to this subpart?
§2540.610   What are the consequences of making a false or misleading statement?
§2540.620   What are my rights if the Corporation determines that I have made a false or misleading statement?
§2540.630   What information must I provide to contest a proposed action?
§2540.640   When will the reviewing official make a decision on the proposed action?
§2540.650   How may I contest a reviewing official's decision to uphold the proposed action?
§2540.660   If the final decision determines that I received a financial benefit improperly, will I be required to repay that benefit?
§2540.670   Will my qualification to participate or eligibility for benefits be suspended during the review process?

Source: 73 FR 53761, Sept. 17, 2008, unless otherwise noted.

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§2540.600   What definitions apply to this subpart?

You. For this subpart, you refers to a participant in a national service program.

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§2540.610   What are the consequences of making a false or misleading statement?

If it is determined that you made a false or misleading statement in connection with your eligibility for a benefit from, or qualification to participate in, a Corporation-funded program, it may result in the revocation of the qualification or forfeiture of the benefit. Revocation and forfeiture under this part are in addition to any other remedy available to the Federal Government under the law against persons who make false or misleading statements in connection with a Federally-funded program.

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§2540.620   What are my rights if the Corporation determines that I have made a false or misleading statement?

If the Corporation determines that you have made a false or misleading statement in connection with your eligibility for a benefit from, or qualification to participate in, a Corporation-funded program, you will be hand delivered a written notice, or sent a written notice to your last known street address or e-mail address or that of your identified counsel at least 15 days before any proposed action is taken. The notice will include the facts surrounding the determination and the action the Corporation proposes to take. The notice will also identify the reviewing official in your case and provide other pertinent information. You will be allowed to show good cause as to why forfeiture, revocation, the denial of a benefit, or other action should not be implemented. You will be given 10 calendar days to submit written materials in opposition to the proposed action.

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§2540.630   What information must I provide to contest a proposed action?

Your written response must include specific facts that contradict the statements made in the notice of proposed action. A general statement of denial is insufficient to raise a dispute over the facts material to the proposed action. Your response should also include copies of any documents that support your argument.

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§2540.640   When will the reviewing official make a decision on the proposed action?

The reviewing official will issue a decision within 45 days of receipt of your response.

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§2540.650   How may I contest a reviewing official's decision to uphold the proposed action?

If the Corporation's reviewing official concludes that the proposed action, in full or in part, should still be implemented, you will have an opportunity to request an additional proceeding. A Corporation program director or designee will conduct a review of the complete record, including such additional relevant documents you submit. If deemed appropriate, such as where there are material facts in genuine dispute, the program director or designee may conduct a telephonic or in person meeting. If a meeting is conducted, it will be recorded and you will be provided a copy of the recording. The program director or designee will issue a decision within 30 days of the conclusion of the review of the record or meeting. The decision of the program director or designee is final and cannot be appealed further within the agency.

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§2540.660   If the final decision determines that I received a financial benefit improperly, will I be required to repay that benefit?

If it is determined that you received a financial benefit improperly, you may be required to reimburse the program for that benefit.

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§2540.670   Will my qualification to participate or eligibility for benefits be suspended during the review process?

If the reviewing official determines that, based on the information available, there is a reasonable likelihood that you will be determined disqualified or ineligible, your qualification or eligibility may be suspended, pending issuance of a final decision, to protect the public interest.

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