[Code of Federal Regulations]
[Title 42, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 42CFR73.19]

[Page 457-458]
 
                         TITLE 42--PUBLIC HEALTH
 
    CHAPTER I--PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN 
                                SERVICES
 
PART 73--SELECT AGENTS AND TOXINS--Table of Contents
 
Sec. 73.19  Civil money penalties.

    (a) The Inspector General of the Department of Health and Human 
Services is delegated authority to conduct investigation and to impose 
civil money penalties against any individual or entity in accordance 
with regulations in 42 CFR part 1003 for violation of the regulations in 
this part, as authorized by the Public Health Security and Bioterrorism 
Preparedness and Response Act of 2002 (Public Law 107-188). The 
delegation of authority includes all powers contained in section 6 of 
the Inspector General Act of 1978 (5 U.S.C. App.).
    (b) The administrative law judges in, assigned to, or detailed to 
the Departmental Appeals Board (DAB) have been delegated authority to 
conduct hearings and to render decisions with respect to the imposition 
of civil money penalties, as authorized by the Public Health Security 
and Bioterrorism Preparedness and Response Act of 2002 (Public Law 107-
188). This delegation includes, but is not limited to, the authority to 
administer oaths and affirmations, to subpoena witnesses and

[[Page 458]]

documents, to examine witnesses, to exclude or receive and give 
appropriate weight to materials and testimony offered as evidence, to 
make findings of fact and conclusions of law, and to determine the civil 
money penalties to be imposed.
    (c) The DAB of the Department of Health and Human Services is 
delegated authority to make final determinations with respect to the 
imposition of civil money penalties for violations of the regulations of 
this part.