[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: 14CFR1264.136]



[Page 386]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

PART 1264_IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL PENALTIES ACT OF 

1986--Table of Contents

 

Sec. 1264.136  Initial decision.



    (a) The presiding officer shall issue an initial decision based 

solely on the record, which shall contain findings of fact, conclusions 

of law, and the amount of any penalties and assessments imposed.

    (b) The findings of fact shall include a finding on each of the 

following issues:

    (1) Whether the claims or statements identified in the complaint, or 

any portions thereof, violate Sec. 1264.102;

    (2) If the person is liable for penalties or assessments, the 

appropriate amount of any such penalties or assessments considering any 

mitigating or aggravating factors found in the case, such as those 

described in Sec. 1264.130.

    (c) The presiding officer shall promptly serve the initial decision 

on all parties within 90 days after the time for submission of post-

hearing briefs and reply briefs (if permitted) has expired or upon 

notification that the record is now closed. The presiding officer shall 

at the same time serve all parties with a statement describing the right 

of any defendant determined to be liable for a civil penalty or 

assessment to file a motion for reconsideration with the presiding 

officer or a notice of appeal with the authority head. If the presiding 

officer fails to meet the deadline contained in this paragraph, he or 

she shall notify the parties of the reason for the delay and shall set a 

new deadline.

    (d) Unless the initial decision of the presiding officer is timely 

appealed to the authority head, or a motion for reconsideration of the 

initial decision is timely filed, the initial decision shall constitute 

the final decision of the authority head and shall be final and binding 

on the parties 30 days after it is issued by the presiding officer.



[52 FR 39498, Oct. 22, 1987, as amended at 54 FR 600, Jan. 9, 1989]