[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: 34CFR33.46]



[Page 86-87]

 

                           TITLE 34--EDUCATION

 

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

 

Sec.  33.46  Compromise or settlement.



    (a) Parties may make offers of compromise or settlement at any time.



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



    (b) The reviewing official has the exclusive authority to compromise 

or settle a case under this part at any time after the date on which the 

reviewing official is permitted to issue a complaint and before the date 

on which the ALJ issues an initial decision.



(Authority: 31 U.S.C. 3803(j))



    (c) The Department head has exclusive authority to compromise or 

settle a case under this part at any time after the date on which the 

ALJ issues an initial decision, except during the pendency of any review 

under Sec.  33.42 or during the pendency of any action to collect 

penalties and assessments under Sec.  33.43.



(Authority: 31 U.S.C. 3803(i)(2)(C))



    (d) The Attorney General has exclusive authority to compromise or 

settle a case under this part during the pendency of any review under 

Sec.  33.42 or of any action to recover penalties and assessments under 

31 U.S.C. 3806.



(Authority: 31 U.S.C. 3806(f))



    (e) The investigating official may recommend settlement terms to the 

reviewing official, the Department head, or the Attorney General, as 

appropriate. The reviewing official may recommend settlement terms to 

the Department head, or the Attorney General, as appropriate.



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





[[Page 87]]





    (f) Any compromise or settlement must be in writing.



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