45 CFR Part 1149 — Program Fraud Civil Remedies Act Regulations
Subpart A — Purpose and Definitions
Subpart B — Claims and Statements
Subpart C — Basis for Liability
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?
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?
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?
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?