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Title 45 Part 1149 → Subpart G → §1149.61

Title 45 → Subtitle B → Chapter XI → Subchapter B → Part 1149 → Subpart G → §1149.61

Electronic Code of Federal Regulations e-CFR

Title 45 Part 1149 → Subpart G → §1149.61

e-CFR data is current as of March 31, 2020

Title 45Subtitle BChapter XISubchapter BPart 1149Subpart G → §1149.61


Title 45: Public Welfare
PART 1149—PROGRAM FRAUD CIVIL REMEDIES ACT REGULATIONS
Subpart G—Decisions and Appeals


§1149.61   Can a party request reconsideration of the initial decision?

(a) Any party may file a motion for reconsideration of the initial decision with the ALJ within 20 days of receipt of the initial decision. If the initial decision was served by mail, there is a rebuttable presumption that the initial decision was received by the party 5 days from the date of mailing.

(b) A motion for reconsideration shall be accompanied by a supporting brief and must specifically describe the issue and nature of each allegedly erroneous decision.

(c) Responses to a motion for reconsideration will only be allowed if it is requested by the ALJ.

(d) The ALJ will dispose of a motion for reconsideration by denying it or by issuing a revised initial decision.

(e) If the ALJ issues a revised initial decision upon motion of a party, no further motions for reconsideration may be filed by any party.

(f) If the ALJ issues a revised initial decision, that decision shall constitute the final decision of the authority head and shall be final and binding on the parties 30 days after it is issued, unless it is timely appealed to the authority head.