[Code of Federal Regulations]

[Title 45, Volume 3]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR672.20]



[Page 240]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VI--NATIONAL SCIENCE FOUNDATION

 

PART 672_ENFORCEMENT AND HEARING PROCEDURES--Table of Contents

 

Sec. 672.20  Initial decision.



    (a) Filing and contents. The Presiding Officer shall issue and file 

with the Hearing Clerk an initial decision as soon as practicable after 

the period for filing reply briefs, if any, has expired. The initial 

decision shall contain findings of fact, conclusions regarding all 

material issues of law or discretion, the reasons for the findings and 

conclusions, a recommended civil penalty assessment or other sanction, 

if appropriate, and a proposed final order. Upon receipt of an initial 

decision, the Hearing Clerk shall forward a copy to all parties, and 

shall send the original, along with the record of the proceeding, to the 

Director.

    (b) Amount of civil penalty. If the Presiding Officer determines 

that a violation has occurred, he shall set the dollar amount of the 

recommended civil penalty in the initial decision in accordance with any 

criteria set forth in the Act, and must consider any civil penalty 

guidelines issued by NSF. If the Presiding Officer decides to assess a 

penalty different in amount from the penalty recommended in the 

complaint, he shall set forth in the initial decision the specific 

reasons for the increase or decrease. The Presiding Officer shall not 

raise a penalty from that recommended in the complaint if the respondent 

has defaulted.

    (c) Effect of initial decision. The initial decision of the 

Presiding Officer shall become the final order of the Agency within 

forty-five (45) days after its service upon the parties and without 

further proceedings unless (1) an appeal to the Director is filed by a 

party to the proceedings; or (2) the Director elects, sua sponte, to 

review the initial decision.

    (d) Motion to reopen a hearing. A motion to reopen a hearing to take 

further evidence must be made no later than twenty (20) days after 

service of the initial decision on the parties and shall (1) state the 

specific grounds upon which relief is sought; (2) state briefly the 

nature and purpose of the evidence to be adduced; (3) show that such 

evidence is not cumulative; and (4) show good cause why such evidence 

was not adduced at the hearing. The motion shall be made to the 

Presiding Officer and filed with the Hearing Clerk. Parties shall have 

ten (10) days following service to respond. The Presiding Officer shall 

grant or deny such motion as soon as practicable. The conduct of any 

proceeding which may be required as a result of the granting of any 

motion to reopen shall be governed by the provisions of the applicable 

sections of these rules. The filing of a motion to reopen a hearing 

shall automatically stay the running of all time periods specified under 

these Rules until such time as the motion is denied or the reopened 

hearing is concluded.