[Code of Federal Regulations]

[Title 42, Volume 4]

[Revised as of October 1, 2006]

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

[CITE: 42CFR1003.114]



[Page 1186]

 

                         TITLE 42--PUBLIC HEALTH

 

      GENERAL--HEALTH CARE, DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

PART 1003_CIVIL MONEY PENALTIES, ASSESSMENTS AND EXCLUSIONS--Table 

 

Sec.  1003.114  Collateral estoppel.



    (a) Where a final determination pertaining to the respondent's 

liability under Sec.  1003.102 has been rendered in any proceeding in 

which the respondent was a party and had an opportunity to be heard, the 

respondent shall be bound by such determination in any proceeding under 

this part.

    (b) In a proceeding under this part that--

    (1) Is against a person who has been convicted (whether upon a 

verdict after trial or upon a plea of guilty or nolo contendere) of a 

Federal crime charging fraud or false statements, and

    (2) Involves the same transactions as in the criminal action, the 

person is estopped from denying the essential elements of the criminal 

offense.



[57 FR 3348, Jan. 29, 1992, as amended at 64 FR 39429, July 22, 1999]