[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: 14CFR1264.138]



[Page 387]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

PART 1264_IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL PENALTIES ACT OF 

1986--Table of Contents

 

Sec. 1264.138  Appeal to authority head.



    (a) Any defendant who has filed a timely answer and who is 

determined in an initial decision to be liable for a civil penalty or 

assessment may appeal such decision to the authority head by filing a 

notice of appeal with the authority head in accordance with this 

section.

    (b) The time for appeal to the authority head is as follows:

    (1) A notice of appeal may be filed at any time within 30 days after 

the presiding officer issues an initial decision. However, if any other 

party files a motion for a reconsideration under Sec. 1264.137, 

consideration of the appeal shall be stayed automatically pending 

resolution of the motion for reconsideration.

    (2) If a motion for reconsideration is timely filed, a notice of 

appeal must be filed within 30 days after the presiding officer denies 

the motion or issues a revised initial decision, whichever applies.

    (3) If no motion for reconsideration is timely filed, a notice of 

appeal must be filed within 30 days after the presiding officer issues 

the initial decision.

    (4) The authority head may extend the initial 30-day period for an 

additional 30 days if the defendant files with the authority head a 

request for an extension within the initial 30-day period and shows good 

cause.

    (c) If the defendant files a timely notice of appeal with the 

authority head and the time for filing motions for reconsideration under 

Sec. 1264.137 has expired, the presiding officer shall forward the 

record of the proceeding to the authority head.

    (d) A notice of appeal shall be accompanied by a written brief 

specifying exceptions to the initial decision and reasons supporting the 

exceptions.

    (e) The representative for the Government may file a brief in 

opposition to exceptions within 30 days of receiving the notice of 

appeal and accompanying brief.

    (f) There is no right to appear personally before the authority 

head.

    (g) There is no right to appeal any interlocutory ruling by the 

presiding officer.

    (h) In reviewing the initial decision, the authority head shall not 

consider any objection that was not raised before the presiding officer 

unless a demonstration is made of extraordinary circumstances causing 

the failure to raise the objection.

    (i) If any party demonstrates to the satisfaction of the authority 

head that additional evidence not presented at such hearing is material 

and that there were reasonable grounds for the failure to present such 

evidence at such hearing, the authority head shall remand the matter to 

the presiding officer for consideration of such additional evidence.

    (j) The authority head may affirm, reduce, reverse, compromise, 

remand, or settle any penalty or assessment, determined by the presiding 

officer in any initial decision.

    (k) The authority head shall promptly serve each party to the appeal 

with a copy of the decision of the authority head. At the same time the 

authority head shall serve the defendant with a statement describing the 

defendant's right to seek judicial review.

    (l) Unless a petition for review is filed as provided in 31 U.S.C. 

3805, after a defendant has exhausted all administrative remedies under 

this part and within 60 days after the date on which the authority head 

serves the defendant with a copy of the authority head's decision, a 

determination that a defendant is liable under Sec. 1264.102 is final 

and is not subject to judicial review.



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