[Code of Federal Regulations]

[Title 14, Volume 5]

[Revised as of January 1, 2006]

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

[CITE: 14CFR1264.106]



[Page 376]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

PART 1264_IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL PENALTIES ACT OF 

1986--Table of Contents

 

Sec. 1264.106  Complaint.



    (a) On or after the date the Department of Justice approves the 

issuance of a complaint in accordance with 31 U.S.C. 3803(b)(1), the 

reviewing official may serve a complaint on the defendant, as provided 

in Sec. 1264.107.

    (b) The complaint shall state--

    (1) The allegations of liability against the defendant, including 

the statutory basis for liability, an identification of the claims or 

statements that are the basis for the alleged liability, and the reasons 

why liability allegedly arises from such claims or statements;

    (2) The maximum amount of penalties and assessments for which the 

defendant may be held liable;

    (3) Instructions for filing an answer to request a hearing, 

including a specific statement of the defendant's right to request a 

hearing by filing an answer and to be represented by a representative; 

and

    (4) That failure to file an answer within 30 days of service of the 

complaint will result in the imposition of the maximum amount of 

penalties and assessments without right to appeal as provided in Sec. 

1264.109.

    (c) At the same time the defendant is served with the complaint, he 

or she shall also be served with a--

    (1) Notice to Consent to the Chairperson of the NASA Board of 

Contract Appeals (BCA), or Designee, as presiding officer;

    (2) Copy of this part 1264 of 14 CFR.



[52 FR 39498, Oct. 22, 1987, as amended at 54 FR 599, Jan. 9, 1989]