[Code of Federal Regulations]
[Title 38, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR42.37]

[Page 752]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
          CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED)
 
PART 42--STANDARDS IMPLEMENTING THE PROGRAM FRAUD CIVIL REMEDIES ACT--Table 
of Contents
 
Sec. 42.37  Initial decision.

    (a) The ALJ shall issue an initial decision based only 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. 42.3 of this part;
    (2) If the person is liable for penalties or assessments, the 
appropriate amount of the penalties or assessments considering any 
mitigating or aggravating factors that the ALJ finds in the case, such 
as those described in Sec. 42.31 of this part.
    (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 
Secretary. If the ALJ fails to meet the deadline contained in this 
paragraph, the ALJ shall notify the parties of the reason for the delay 
and shall set a new deadline.
    (d) Unless the initial decision of the ALJ is timely appealed to the 
Secretary, or a motion for reconsideration of the initial decision is 
timely filed, the initial decision shall constitute the final decision 
of the Secretary and shall be final and binding on the parties 30 days 
after it is issued by the ALJ.