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FEDERAL · 38 CFR

Part 42 — Standards Implementing the Program Fraud Civil Remedies Act

47 sections · Title 38: Pensions, Bonuses, and Veterans' Relief

§ 42.1Basis and purpose.
§ 42.2Definitions.
§ 42.3Basis for civil penalties and assessments.
§ 42.4Investigation.
§ 42.5Review by the reviewing official.
§ 42.6Prerequisites for issuing a complaint.
§ 42.7Complaint.
§ 42.8Service of complaint.
§ 42.9Answer.
§ 42.10Default upon failure to file an answer.
§ 42.11Referral of complaint and answer to the Administrative Law Judge (ALJ).
§ 42.12Notice of hearing.
§ 42.13Parties to the hearing.
§ 42.14Separation of functions.
§ 42.15Ex parte contacts.
§ 42.16Disqualification of reviewing official or ALJ.
§ 42.17Rights of parties.
§ 42.18Authority of the ALJ.
§ 42.19Prehearing conferences.
§ 42.20Disclosure of documents.
§ 42.21Discovery.
§ 42.22Exchange of witness lists, statements, and exhibits.
§ 42.23Subpoenas for attendance at hearing.
§ 42.24Protective order.
§ 42.25Fees.
§ 42.26Form, filing and service of papers.
§ 42.27Computation of time.
§ 42.28Motions.
§ 42.29Sanctions.
§ 42.30The hearing and burden of proof.
§ 42.31Determining the amount of penalties and assessments.
§ 42.32Location of hearing.
§ 42.33Witnesses.
§ 42.34Evidence.
§ 42.35The record.
§ 42.36Post-hearing briefs.
§ 42.37Initial decision.
§ 42.38Reconsideration of initial decision.
§ 42.39Appeal to the Secretary of Veterans Affairs.
§ 42.40Stays ordered by the Department of Justice.
§ 42.41Stay pending appeal.
§ 42.42Judicial review.
§ 42.43Collection of civil penalties and assessments.
§ 42.44Right to administrative offset.
§ 42.45Deposit in Treasury of United States.
§ 42.46Compromise and settlement.
§ 42.47Limitations.