[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: 34CFR33.37]



[Page 84]

 

                           TITLE 34--EDUCATION

 

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

 

Sec.  33.37  Initial decision.



    (a) The ALJ shall issue an initial decision, based only on the 

record, that contains findings of fact, conclusions of law, and the 

amount of any penalties and assessments imposed.

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

following issues:

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

any portions of the complaint, violate Sec.  33.3.

    (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 that the ALJ finds in the case, such 

as those described in Sec.  33.31.

    (c) The ALJ 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. The ALJ 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 ALJ or a notice of appeal with the 

Department head. If the ALJ fails to meet the deadline contained in this 

paragraph, he or she shall notify the parties of the reasons for the 

delay and shall set a new deadline.

    (d) Unless the initial decision of the ALJ is timely appealed to the 

Department head, or a motion for reconsideration of the initial decision 

is timely filed, the initial decision shall constitute the final 

decision of the Department head and shall be final and binding on the 

parties 30 days after it is issued by the ALJ.



(Authority: 31 U.S.C. 3803(h)(i))