[Code of Federal Regulations]
[Title 14, Volume 5, Parts 1200 to end]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR1264.136]

[Page 381]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
                          SPACE ADMINISTRATION
 
PART 1264--IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL PENALTIES ACT OF 1986--Table of Contents
 
Sec. 1264.136  Initial decision.

    (a) The presiding officer shall issue an initial decision based 
solely on the record, which shall contain findings of fact, conclusions 
of law, and the amount of any penalties and assessments imposed.
    (b) The findings of fact shall include a finding on each of the 
following issues:
    (1) Whether the claims or statements identified in the complaint, or 
any portions thereof, violate Sec. 1264.102;
    (2) If the person is liable for penalties or assessments, the 
appropriate amount of any such penalties or assessments considering any 
mitigating or aggravating factors found in the case, such as those 
described in Sec. 1264.130.
    (c) The presiding officer shall promptly serve the initial decision 
on all parties within 90 days after the time for submission of post-
hearing briefs and reply briefs (if permitted) has expired or upon 
notification that the record is now closed. The presiding officer shall 
at the same time serve all parties with a statement describing the right 
of any defendant determined to be liable for a civil penalty or 
assessment to file a motion for reconsideration with the presiding 
officer or a notice of appeal with the authority head. If the presiding 
officer fails to meet the deadline contained in this paragraph, he or 
she shall notify the parties of the reason for the delay and shall set a 
new deadline.
    (d) Unless the initial decision of the presiding officer is timely 
appealed to the authority head, or a motion for reconsideration of the 
initial decision is timely filed, the initial 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 by the presiding officer.

[52 FR 39498, Oct. 22, 1987, as amended at 54 FR 600, Jan. 9, 1989]