[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR33.37]

[Page 84-85]
 
                           TITLE 34--EDUCATION
 
PART 33--PROGRAM FRAUD CIVIL REMEDIES ACT--Table of Contents
 
Sec. 33.37  Initial decision.

    (a) The ALJ shall issue an initial decision, based only on the 
record, that contains findings of fact, conclusions of law, and the 
amount of any penalties and assessments imposed.
    (b) The findings of fact must include a finding on each of the 
following issues:
    (1) Whether the claims or statements identified in the complaint, or 
any portions of the complaint, violate Sec. 33.3.
    (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 that the ALJ finds in the case, such 
as those described in Sec. 33.31.
    (c) The ALJ 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. The ALJ 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 ALJ or a notice of appeal with the 
Department head. If the ALJ fails to meet the deadline contained in this 
paragraph, he or she shall notify the parties of the reasons for the 
delay and shall set a new deadline.
    (d) Unless the initial decision of the ALJ is timely appealed to the 
Department head, or a motion for reconsideration of the initial decision 
is timely

[[Page 85]]

filed, the initial decision shall constitute the final decision of the 
Department head and shall be final and binding on the parties 30 days 
after it is issued by the ALJ.

(Authority: 31 U.S.C. 3803(h)(i))