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FEDERAL · 45 CFR

Part 1149 — Program Fraud Civil Remedies Act Regulations

74 sections · Title 45: Public Welfare

§ 1149.1Purpose.
§ 1149.2Definitions.
§ 1149.3What is a claim?
§ 1149.4When is a claim made?
§ 1149.5What is a false claim?
§ 1149.6What is a statement?
§ 1149.7What is a false statement?
§ 1149.8What kind of conduct results in program fraud enforcement?
§ 1149.9What civil penalties and assessments may I be subjected to?
§ 1149.10How is program fraud investigated?
§ 1149.11May the investigating official issue a subpoena?
§ 1149.12What happens if program fraud is suspected?
§ 1149.13When may the NEA issue a complaint?
§ 1149.14What is contained in a complaint?
§ 1149.15How will the complaint be served?
§ 1149.16What constitutes proof of service?
§ 1149.17How do you respond to the complaint?
§ 1149.18May I file a general answer?
§ 1149.19What happens once an answer is filed?
§ 1149.20What must the notice of hearing include?
§ 1149.21When must the ALJ serve the notice of oral hearing?
§ 1149.22What happens if you fail to file an answer?
§ 1149.23May I file a motion to reopen my case?
§ 1149.24What happens if my motion to reopen is denied?
§ 1149.25When, if ever, will time be tolled?
§ 1149.26What kind of hearing is contemplated?
§ 1149.27What is the role of the ALJ?
§ 1149.28What does the ALJ have the authority to do?
§ 1149.29What rights do you have at the hearing?
§ 1149.30How are the functions of the ALJ separated from those of the investigating official and the reviewing official?
§ 1149.31Can the reviewing official or the ALJ be disqualified?
§ 1149.32Do you have a right to review documents?
§ 1149.33What type of discovery is authorized and how is it conducted?
§ 1149.34How are motions for discovery handled?
§ 1149.35When may an ALJ grant a motion for discovery?
§ 1149.36How are depositions handled?
§ 1149.37Are witness lists and exhibits exchanged before the hearing?
§ 1149.38Can witnesses be subpoenaed?
§ 1149.39Who pays the costs for a subpoena?
§ 1149.40When may I file a motion to quash a subpoena?
§ 1149.41Are protective orders available?
§ 1149.42What does a protective order protect?
§ 1149.43How are documents filed and served with the ALJ?
§ 1149.44What must documents filed with the ALJ include?
§ 1149.45How is time computed?
§ 1149.46Where is the hearing held?
§ 1149.47How will the hearing be conducted?
§ 1149.48Who has the burden of proof?
§ 1149.49How is evidence presented at the hearing?
§ 1149.50How is witness testimony presented?
§ 1149.51How can I exclude a witness?
§ 1149.52Will the hearing proceedings be recorded?
§ 1149.53Are ex parte communications between a party and the ALJ permitted?
§ 1149.54Are there sanctions for misconduct?
§ 1149.55What happens if I fail to comply with an order?
§ 1149.56Are post-hearing briefs required?
§ 1149.57How is the case decided?
§ 1149.58When will the ALJ serve the initial decision?
§ 1149.59How are penalty and assessment amounts determined?
§ 1149.60What factors are considered in determining the amount of penalties and assessments to impose?
§ 1149.61Can a party request reconsideration of the initial decision?
§ 1149.62When does the initial decision of the ALJ become final?
§ 1149.63What are the procedures for appealing the ALJ decision?
§ 1149.64What happens if an initial decision is appealed?
§ 1149.65Are there any limitations on the right to appeal to the authority head?
§ 1149.66How does the authority head dispose of an appeal?
§ 1149.67Who represents the NEA on an appeal?
§ 1149.68What judicial review is available?
§ 1149.69Can the administrative complaint be settled voluntarily?
§ 1149.70How are civil penalties and assessments collected?
§ 1149.71Is there a right to administrative offset?
§ 1149.72What happens to collections?
§ 1149.73What if the investigation indicates criminal misconduct or a violation of the False Claims Act?
§ 1149.74How does the NEA protect your rights?