Title 45 Part 681

Title 45 → Subtitle B → Chapter VI → Part 681

Electronic Code of Federal Regulations e-CFR

Title 45 Part 681

Title 45Subtitle BChapter VIPart 681

TITLE 45—Public Welfare





Purpose, Definitions, and Basis for Liability

What is the basis for the imposition of civil penalties and assessments?

Procedures Leading to Issuance of a Complaint

Who investigates program fraud?
What happens if program fraud is suspected?
When may NSF issue a complaint?
What is contained in a complaint?
How will the complaint be served?

Procedures Following Service of a Complaint

How does a defendant respond to the complaint?
What happens if a defendant fails to file an answer?
What happens once an answer is filed?

Hearing Procedures

What kind of hearing is contemplated?
At the hearing, what rights do the parties have?
What is the role of the ALJ?
How are the functions of the ALJ separated from those of the investigating official and the reviewing official?
Can the reviewing official or ALJ be disqualified?
What rights are there to review documents?
What type of discovery is authorized and how is it conducted?
Are witness lists exchanged before the hearing?
Can witnesses be subpoenaed?
Who pays the costs for a subpoena?
Are protective orders available?
How are documents filed and served with the ALJ?
How is time computed?
Where is the hearing held?
How will the hearing be conducted and who has the burden of proof?
How is evidence presented at the hearing?
How is witness testimony presented?
Will the hearing proceedings be recorded?
Are ex parte communications between a party and the ALJ permitted?
Are there sanctions for misconduct?
Are post-hearing briefs required?

Decisions and Appeals

How is the case decided?
How are penalty and assessment amounts determined?
Can a party request reconsideration of the initial decision?
When does the initial decision of the ALJ become final?
What are the procedures for appealing the ALJ decision?
What happens if an initial decision is appealed?
Are there any limitations on the right to appeal to the authority head?
How does the authority head dispose of an appeal?
What judicial review is available?
Can the administrative complaint be settled voluntarily?
How are civil penalties and assessments collected?
Is there a right to administrative offset?
What happens to collections?
What if the investigation indicates criminal misconduct?