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FEDERAL · 45 CFR

Part 681 — Program Fraud Civil Remedies Act Regulations

46 sections · Title 45: Public Welfare

§ 681.1Purpose.
§ 681.2Definitions.
§ 681.3What is the basis for the imposition of civil penalties and assessments?
§ 681.4Who investigates program fraud?
§ 681.5What happens if program fraud is suspected?
§ 681.6When may NSF issue a complaint?
§ 681.7What is contained in a complaint?
§ 681.8How will the complaint be served?
§ 681.9How does a defendant respond to the complaint?
§ 681.10What happens if a defendant fails to file an answer?
§ 681.11What happens once an answer is filed?
§ 681.12What kind of hearing is contemplated?
§ 681.13At the hearing, what rights do the parties have?
§ 681.14What is the role of the ALJ?
§ 681.15How are the functions of the ALJ separated from those of the investigating official and the reviewing official?
§ 681.16Can the reviewing official or ALJ be disqualified?
§ 681.17What rights are there to review documents?
§ 681.18What type of discovery is authorized and how is it conducted?
§ 681.19Are witness lists exchanged before the hearing?
§ 681.20Can witnesses be subpoenaed?
§ 681.21Who pays the costs for a subpoena?
§ 681.22Are protective orders available?
§ 681.23How are documents filed and served with the ALJ?
§ 681.24How is time computed?
§ 681.25Where is the hearing held?
§ 681.26How will the hearing be conducted and who has the burden of proof?
§ 681.27How is evidence presented at the hearing?
§ 681.28How is witness testimony presented?
§ 681.29Will the hearing proceedings be recorded?
§ 681.30Are ex parte communications between a party and the ALJ permitted?
§ 681.31Are there sanctions for misconduct?
§ 681.32Are post-hearing briefs required?
§ 681.33How is the case decided?
§ 681.34How are penalty and assessment amounts determined?
§ 681.35Can a party request reconsideration of the initial decision?
§ 681.36When does the initial decision of the ALJ become final?
§ 681.37What are the procedures for appealing the ALJ decision?
§ 681.38What happens if an initial decision is appealed?
§ 681.39Are there any limitations on the right to appeal to the authority head?
§ 681.40How does the authority head dispose of an appeal?
§ 681.41What judicial review is available?
§ 681.42Can the administrative complaint be settled voluntarily?
§ 681.43How are civil penalties and assessments collected?
§ 681.44Is there a right to administrative offset?
§ 681.45What happens to collections?
§ 681.46What if the investigation indicates criminal misconduct?