[Code of Federal Regulations]
[Title 40, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR27.1]

[Page 294-295]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 27_PROGRAM FRAUD CIVIL REMEDIES--Table of Contents
 
Sec. 27.1  Basis and purpose.




Sec.
27.1 Basis and purpose.
27.2 Definitions.
27.3 Basis for civil penalties and assessments.
27.4 Investigation.
27.5 Review by the reviewing official.
27.6 Prerequisites for issuing a complaint.
27.7 Complaint.
27.8 Service of complaint.
27.9 Answer.
27.10 Default upon failure to file an answer.
27.11 Referral of complaint and answer to the presiding officer.
27.12 Notice of hearing.
27.13 Parties to the hearing.
27.14 Separation of functions.
27.15 Ex parte contacts.
27.16 Disqualification of the reviewing official or presiding officer.
27.17 Rights of parties.
27.18 Authority of the presiding officer.
27.19 Prehearing conferences.
27.20 Disclosure of documents.
27.21 Discovery.
27.22 Exchange of witness lists, statements, and exhibits.
27.23 Subpoenas for attendance at hearing.
27.24 Protective order.
27.25 Fees.
27.26 Form, filing and service of papers.
27.27 Computation of time.
27.28 Motions.
27.29 Sanctions.
27.30 The hearing and burden of proof.
27.31 Determining the amount of penalties and assessments.
27.32 Location of hearing.
27.33 Witnesses.
27.34 Evidence.
27.35 The record.
27.36 Post-hearing briefs.
27.37 Initial decision.
27.38 Reconsideration of initial decision.
27.39 Appeal to authority head.
27.40 Stay ordered by the Department of Justice.
27.41 Stay pending appeal.
27.42 Judicial review.
27.43 Collection of civil penalties and assessments.
27.44 Right to administrative offset.
27.45 Deposit in Treasury of United States.
27.46 Compromise or settlement.
27.47 Limitations.
27.48 Delegated functions.

    Authority: 31 U.S.C. 3801-3812; Pub. L. 101-410, 104 Stat. 890, 28 
U.S.C. 2461 note; Pub. L. 104-134, 110 Stat. 1321, 31 U.S.C. 3701 note.

    Source: 53 FR 15182, Apr. 27, 1988, unless otherwise noted.

[[Page 295]]


    (a) Basis. This part implements the Program Fraud Civil Remedies Act 
of 1986, Public Law No. 99-509, sections 6101-6104, 100 Stat. 1874 
(October 21, 1986), to be codified at 31 U.S.C. 3801-3812. 31 U.S.C. 
3809 of the statute requires each authority head to promulgate 
regulations necessary to implement the provisions of the statute.
    (b) Purpose. This part (1) establishes administrative procedures for 
imposing civil penalties and assessments against persons who make, 
submit, or present, or cause to be made, submitted, or presented, false, 
fictitious, or fraudulent claims or written statements to the 
Environmental Protection Agency, and (2) specifies the hearing and 
appeal rights of persons subject to allegations of liability for such 
penalties and assessments.