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Title 45 Part 1149

Title 45 → Subtitle B → Chapter XI → Subchapter B → Part 1149

Electronic Code of Federal Regulations e-CFR

Title 45 Part 1149

Title 45Subtitle BChapter XISubchapter BPart 1149


TITLE 45—Public Welfare

Subtitle B—REGULATIONS RELATING TO PUBLIC WELFARE (CONTINUED)

CHAPTER XI—NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

SUBCHAPTER B—NATIONAL ENDOWMENT FOR THE ARTS

PART 1149—PROGRAM FRAUD CIVIL REMEDIES ACT REGULATIONS

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Subpart A—PURPOSE AND DEFINITIONS

§1149.1
Purpose.
§1149.2
Definitions.
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Subpart B—CLAIMS AND STATEMENTS

§1149.3
What is a claim?
§1149.4
When is a claim made?
§1149.5
What is a false claim?
§1149.6
What is a statement?
§1149.7
What is a false statement?
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Subpart C—BASIS FOR LIABILITY

§1149.8
What kind of conduct results in program fraud enforcement?
§1149.9
What civil penalties and assessments may I be subjected to?
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Subpart D—PROCEDURES LEADING TO THE ISSUANCE OF A COMPLAINT

§1149.10
How is program fraud investigated?
§1149.11
May the investigating official issue a subpoena?
§1149.12
What happens if program fraud is suspected?
§1149.13
When may the NEA issue a complaint?
§1149.14
What is contained in a complaint?
§1149.15
How will the complaint be served?
§1149.16
What constitutes proof of service?
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Subpart E—PROCEDURES FOLLOWING SERVICE OF A COMPLAINT

§1149.17
How do you respond to the complaint?
§1149.18
May I file a general answer?
§1149.19
What happens once an answer is filed?
§1149.20
What must the notice of hearing include?
§1149.21
When must the ALJ serve the notice of oral hearing?
§1149.22
What happens if you fail to file an answer?
§1149.23
May I file a motion to reopen my case?
§1149.24
What happens if my motion to reopen is denied?
§1149.25
When, if ever, will time be tolled?
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Subpart F—HEARING PROCEDURES

§1149.26
What kind of hearing is contemplated?
§1149.27
What is the role of the ALJ?
§1149.28
What does the ALJ have the authority to do?
§1149.29
What rights do you have at the hearing?
§1149.30
How are the functions of the ALJ separated from those of the investigating official and the reviewing official?
§1149.31
Can the reviewing official or the ALJ be disqualified?
§1149.32
Do you have a right to review documents?
§1149.33
What type of discovery is authorized and how is it conducted?
§1149.34
How are motions for discovery handled?
§1149.35
When may an ALJ grant a motion for discovery?
§1149.36
How are depositions handled?
§1149.37
Are witness lists and exhibits exchanged before the hearing?
§1149.38
Can witnesses be subpoenaed?
§1149.39
Who pays the costs for a subpoena?
§1149.40
When may I file a motion to quash a subpoena?
§1149.41
Are protective orders available?
§1149.42
What does a protective order protect?
§1149.43
How are documents filed and served with the ALJ?
§1149.44
What must documents filed with the ALJ include?
§1149.45
How is time computed?
§1149.46
Where is the hearing held?
§1149.47
How will the hearing be conducted?
§1149.48
Who has the burden of proof?
§1149.49
How is evidence presented at the hearing?
§1149.50
How is witness testimony presented?
§1149.51
How can I exclude a witness?
§1149.52
Will the hearing proceedings be recorded?
§1149.53
Are ex parte communications between a party and the ALJ permitted?
§1149.54
Are there sanctions for misconduct?
§1149.55
What happens if I fail to comply with an order?
§1149.56
Are post-hearing briefs required?
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Subpart G—DECISIONS AND APPEALS

§1149.57
How is the case decided?
§1149.58
When will the ALJ serve the initial decision?
§1149.59
How are penalty and assessment amounts determined?
§1149.60
What factors are considered in determining the amount of penalties and assessments to impose?
§1149.61
Can a party request reconsideration of the initial decision?
§1149.62
When does the initial decision of the ALJ become final?
§1149.63
What are the procedures for appealing the ALJ decision?
§1149.64
What happens if an initial decision is appealed?
§1149.65
Are there any limitations on the right to appeal to the authority head?
§1149.66
How does the authority head dispose of an appeal?
§1149.67
Who represents the NEA on an appeal?
§1149.68
What judicial review is available?
§1149.69
Can the administrative complaint be settled voluntarily?
§1149.70
How are civil penalties and assessments collected?
§1149.71
Is there a right to administrative offset?
§1149.72
What happens to collections?
§1149.73
What if the investigation indicates criminal misconduct or a violation of the False Claims Act?
§1149.74
How does the NEA protect your rights?