[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: 14CFR1264.137]



[Page 386-387]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

PART 1264_IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL PENALTIES ACT OF 

1986--Table of Contents

 

Sec. 1264.137  Reconsideration of initial decision.



    (a) Except as provided in paragraph (d) of this section, any party 

may file a motion for reconsideration of the initial decision within 20 

days of receipt of the initial decision. If service was made by mail, 

receipt will be presumed to be 5 days from the date of mailing in the 

absence of contrary proof.

    (b) Every such motion must set forth the matters claimed to have 

been erroneously decided and the nature of the alleged errors. Such 

motion shall be accompanied by a supporting brief.

    (c) Responses to such motions shall be allowed only upon request of 

the presiding officer.

    (d) No party may file a motion for reconsideration of an initial 

decision that has been revised in response to a previous motion for 

reconsideration.

    (e) The presiding officer may dispose of a motion for 

reconsideration by denying it or by issuing a revised initial decision.

    (f) If the presiding officer denies a motion for reconsideration, 

the initial decision shall constitute the final decision of the 

authority head and shall be final and binding on the parties 30 days 

after the presiding officer denies the motion, unless the initial 

decision is timely appealed to the authority head in accordance with 

Sec. 1264.138.



[[Page 387]]



    (g) If the presiding officer issues a revised initial decision, the 

revised 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, unless it is timely appealed to the authority head in accordance 

with Sec. 1264.138.



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