[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

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

[CITE: 34CFR33.1]



[Page 70-71]

 

                           TITLE 34--EDUCATION

 

PART 33_PROGRAM FRAUD CIVIL REMEDIES ACT--Table of Contents

 

Sec.  33.1  Basis and purpose.









Sec.

33.1 Basis and purpose.

33.2 Definitions.

33.3 Basis for civil penalties and assessments.

33.4 Investigation.

33.5 Review by the reviewing official.

33.6 Prerequisites for issuing a complaint.

33.7 Complaint.

33.8 Service of complaint.

33.9 Answer.

33.10 Default upon failure to file an answer.

33.11 Referral of complaint and answer to the ALJ.

33.12 Notice of hearing.

33.13 Parties to the hearing.

33.14 Separation of functions.

33.15 Ex parte contacts.

33.16 Disqualification of reviewing official or ALJ.

33.17 Rights of parties.

33.18 Authority of the ALJ.

33.19 Prehearing conferences.

33.20 Disclosure of documents.

33.21 Discovery.

33.22 Exchange of witness lists, statements and exhibits.

33.23 Subpoenas for attendance at hearing.

33.24 Protective order.

33.25 Fees.

33.26 Form, filing and service of papers.

33.27 Computation of time.

33.28 Motions.

33.29 Sanctions.

33.30 The hearing and burden of proof.

33.31 Determining the amount of penalties and assessments.

33.32 Location of hearing.

33.33 Witnesses.

33.34 Evidence.

33.35 The record.

33.36 Post-hearing briefs.

33.37 Initial decision.

33.38 Reconsideration of initial decision.

33.39 Appeal to Department head.

33.40 Stays ordered by the Department of Justice.

33.41 Stay pending appeal.

33.42 Judicial review.

33.43 Collection of civil penalties and assessments.

33.44 Right to administrative offset.

33.45 Deposit in Treasury of United States.

33.46 Compromise or settlement.

33.47 Limitations.



    Authority: 31 U.S.C. 3801-3812.



[[Page 71]]





    Source: 53 FR 15675, May 3, 1988, unless otherwise noted.





    (a) Basis. This part implements the Program Fraud Civil Remedies Act 

of 1986, Pub. L. No. 99-509, 6101 through 6104, 100 Stat. 16674 (October 

21, 1986), to be codified at 31 U.S.C. 3801 through 3812. This law (31 

U.S.C. 3809) requires each Federal department head to promulgate 

regulations necessary to implement the provisions of the statute.



(Authority: 31 U.S.C. 3809)



    (b) Purpose. This part:

    (1) Establishes administrative procedures for imposing civil 

penalties and assessments against persons who make, submit, or present, 

or cause to be made, submitted, or presented, false, fictitious, or 

fraudulent claims or written statements to the Department or to its 

agents; and

    (2) Specifies the hearing and appeal rights of persons subject to 

allegations of liability for those penalties and assessments.



(Authority: 31 U.S.C. 3809)