[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: 45CFR672.23]



[Page 241]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VI--NATIONAL SCIENCE FOUNDATION

 

PART 672_ENFORCEMENT AND HEARING PROCEDURES--Table of Contents

 

Sec. 672.23  Final order on appeal.



    (a) Contents of the final order. When an appeal has been taken or 

the Director issues a notice of intent to conduct review sua sponte, the 

Director shall issue a final order as soon as practicable after the 

filing of all appellate briefs or oral argument. The Director shall 

adopt, modify or set aside the findings and conclusions contained in the 

decision or order being reviewed and shall set forth in the final order 

the reasons for his actions. The Director may, in his discretion, 

increase or decrease the assessed penalty from the amount recommended in 

the decision or order being reviewed, except that if the order being 

reviewed is a default order, the Director may not increase the amount of 

the penalty.

    (b) Payment of a civil penalty. The respondent shall pay the full 

amount of the civil penalty assessed in the final order within sixty 

(60) days after receipt of the final order unless otherwise agreed by 

the parties. Payment shall be made by forwarding to the Hearing Clerk a 

cashier's check or certified check in the amount of the penalty assessed 

in the final order, payable to the Treasurer, United States of America.

    (c) Money due and owing the United States by virtue of an unappealed 

final decision or settlement order may be collected by referral to the 

Department of Justice for appropriate civil action against respondent.