[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: 34CFR33.46]

[Page 86-87]
 
                           TITLE 34--EDUCATION
 
PART 33--PROGRAM FRAUD CIVIL REMEDIES ACT--Table of Contents
 
Sec. 33.46  Compromise or settlement.

    (a) Parties may make offers of compromise or settlement at any time.

(Authority: 31 U.S.C. 3809)

    (b) The reviewing official has the exclusive authority to compromise 
or settle a case under this part at any time after the date on which the 
reviewing official is permitted to issue a complaint and before the date 
on which the ALJ issues an initial decision.

(Authority: 31 U.S.C. 3803(j))

    (c) The Department head has exclusive authority to compromise or 
settle

[[Page 87]]

a case under this part at any time after the date on which the ALJ 
issues an initial decision, except during the pendency of any review 
under Sec. 33.42 or during the pendency of any action to collect 
penalties and assessments under Sec. 33.43.

(Authority: 31 U.S.C. 3803(i)(2)(C))

    (d) The Attorney General has exclusive authority to compromise or 
settle a case under this part during the pendency of any review under 
Sec. 33.42 or of any action to recover penalties and assessments under 
31 U.S.C. 3806.

(Authority: 31 U.S.C. 3806(f))

    (e) The investigating official may recommend settlement terms to the 
reviewing official, the Department head, or the Attorney General, as 
appropriate. The reviewing official may recommend settlement terms to 
the Department head, or the Attorney General, as appropriate.

(Authority: 31 U.S.C. 3809)

    (f) Any compromise or settlement must be in writing.

(Authority: 31 U.S.C. 3809)