45 CFR Part 681 - PART 681—PROGRAM FRAUD CIVIL REMEDIES ACT REGULATIONS
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Purpose, Definitions, and Basis for Liability (§§ 681.1 - 681.3)
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Procedures Leading to Issuance of a Complaint (§§ 681.4 - 681.8)
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Procedures Following Service of a Complaint (§§ 681.9 - 681.11)
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Hearing Procedures (§§ 681.12 - 681.32)
- § 681.12 What kind of hearing is contemplated?
- § 681.13 At the hearing, what rights do the parties have?
- § 681.14 What is the role of the ALJ?
- § 681.15 How are the functions of the ALJ separated from those of the investigating official and the reviewing official?
- § 681.16 Can the reviewing official or ALJ be disqualified?
- § 681.17 What rights are there to review documents?
- § 681.18 What type of discovery is authorized and how is it conducted?
- § 681.19 Are witness lists exchanged before the hearing?
- § 681.20 Can witnesses be subpoenaed?
- § 681.21 Who pays the costs for a subpoena?
- § 681.22 Are protective orders available?
- § 681.23 How are documents filed and served with the ALJ?
- § 681.24 How is time computed?
- § 681.25 Where is the hearing held?
- § 681.26 How will the hearing be conducted and who has the burden of proof?
- § 681.27 How is evidence presented at the hearing?
- § 681.28 How is witness testimony presented?
- § 681.29 Will the hearing proceedings be recorded?
- § 681.30 Are ex parte communications between a party and the ALJ permitted?
- § 681.31 Are there sanctions for misconduct?
- § 681.32 Are post-hearing briefs required?
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Decisions and Appeals (§§ 681.33 - 681.46)
- § 681.33 How is the case decided?
- § 681.34 How are penalty and assessment amounts determined?
- § 681.35 Can a party request reconsideration of the initial decision?
- § 681.36 When does the initial decision of the ALJ become final?
- § 681.37 What are the procedures for appealing the ALJ decision?
- § 681.38 What happens if an initial decision is appealed?
- § 681.39 Are there any limitations on the right to appeal to the authority head?
- § 681.40 How does the authority head dispose of an appeal?
- § 681.41 What judicial review is available?
- § 681.42 Can the administrative complaint be settled voluntarily?
- § 681.43 How are civil penalties and assessments collected?
- § 681.44 Is there a right to administrative offset?
- § 681.45 What happens to collections?
- § 681.46 What if the investigation indicates criminal misconduct?
Source:
74 FR 26794, June 4, 2009, unless otherwise noted.