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FEDERAL · 13 CFR

Part 142 — Administrative False Claims Act Regulations

41 sections · Title 13: Business Credit and Assistance

§ 142.1Overview of regulations.
§ 142.2What kind of conduct will result in program fraud enforcement?
§ 142.3What is a claim?
§ 142.4What is a statement?
§ 142.5What is a false claim or statement?
§ 142.6What does the phrase “know or have reason to know” mean?
§ 142.7Who investigates program fraud?
§ 142.8What happens if program fraud is suspected?
§ 142.9When will SBA issue a complaint?
§ 142.10What is contained in a complaint?
§ 142.11How will the complaint be served?
§ 142.12How does a defendant respond to the complaint?
§ 142.13What happens if a defendant fails to file an answer?
§ 142.14What happens once an answer is filed?
§ 142.15What kind of hearing is contemplated?
§ 142.16At the hearing, what rights do the parties have?
§ 142.17What is the role of the ALJ?
§ 142.18Can the reviewing official or ALJ be disqualified?
§ 142.19How are issues brought to the attention of the ALJ?
§ 142.20How are papers served?
§ 142.21How will the hearing be conducted and who has the burden of proof?
§ 142.22How is evidence presented at the hearing?
§ 142.23Are there limits on disclosure of documents or discovery?
§ 142.24Can witnesses be subpoenaed?
§ 142.25Can a party or witness object to discovery?
§ 142.26Can a party informally discuss the case with the ALJ?
§ 142.27Are there sanctions for misconduct?
§ 142.28Where is the hearing held?
§ 142.29Are witness lists exchanged before the hearing?
§ 142.30How is the case decided?
§ 142.31Can a party request reconsideration of the initial decision?
§ 142.32When does the initial decision of the ALJ become final?
§ 142.33What are the procedures for appealing the ALJ decision?
§ 142.34Are there any limitations on the right to appeal to the Administrator?
§ 142.35How does the Administrator dispose of an appeal?
§ 142.36Can I obtain judicial review?
§ 142.37What judicial review is available?
§ 142.38Can the administrative complaint be settled voluntarily?
§ 142.39How are civil penalties and assessments collected?
§ 142.40What if the investigation indicates criminal misconduct?
§ 142.41How does SBA protect the rights of defendants?