[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: 42CFR1008.31]



[Page 1213-1214]

 

                         TITLE 42--PUBLIC HEALTH

 

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

 

PART 1008_ADVISORY OPINIONS BY THE OIG--Table of Contents

 

                     Subpart C_Advisory Opinion Fees

 

Sec.  1008.31  OIG fees for the cost of advisory opinions.





    (a) Responsibility for fees. The requestor is responsible for paying 

a fee equal to the costs incurred by the Department in responding to the 

request for an advisory opinion.

    (b) Initial payment. A request for an advisory opinion must be 

accompanied by a check or money order payable to the Treasury of the 

United States for $250. This initial payment is non-refundable.

    (c) Calculation of costs: Prior to the issuance of the advisory 

opinion, the OIG will calculate the costs incurred by the Department in 

responding to the request. The calculation will include the costs of 

salaries and benefits payable to attorneys and others who have worked on 

the request in question, as well as administrative and supervisory 

support for such person. The OIG has the exclusive authority to 

determine the cost of responding to a request for an advisory opinion 

and such determination is not reviewable or waiveable.

    (d) Agreement to pay all costs. (1) By submitting the request for an 

advisory opinion, the requestor agrees, except as indicated in paragraph 

(d)(4) of this section, to pay all costs incurred by the OIG in 

responding to the request for an advisory opinion.

    (2) In its request for an advisory opinion, the requestor may 

request a written estimate of the cost involved in processing the 

advisory opinion. Within 10 business days of receipt of the request, the 

OIG will notify in writing of such estimate. Such estimate will not be 

binding on the Department, and the actual cost to be paid may be higher 

or lower than estimated. The time period for issuing the advisory 

opinion will be tolled from the time the OIG notifies the requestor of 

the estimate until the OIG receives written confirmation from the 

requestor that the requestor wants the OIG to continue processing the 

request. Such notice may include a new or revised triggering dollar 

amount, as set forth in paragraph (d)(3) of this section.

    (3) In its request for an advisory opinion, the requestor may 

designate a triggering dollar amount. If the OIG estimates that the 

costs of processing the advisory opinion request have reached, or are 

likely to exceed, the designated triggering dollar amount, the OIG will 

notify the requestor. The requestor may revise its designated triggering 

dollar amount in writing in its response to notification of a cost 

estimate in accordance with paragraph (d)(2) of this section.

    (4) If the OIG notifies the requestor that the estimated cost of 

processing the request has reached or is likely to exceed the triggering 

dollar amount, the OIG will stop processing the request until such time 

as the requestor makes a written request for the OIG to continue 

processing the request. Any delay in the processing of the request for 

an advisory opinion attributable to these procedures will toll the time 

for issuance of an advisory opinion until the requestor asks the OIG to 

continue working on the request.

    (5) If the requestor chooses not to pay for completion of an 

advisory opinion, or withdraws the request, the requestor is still 

obligated to pay for all costs incurred and identified by the



[[Page 1214]]



OIG attributable to processing the request for an advisory opinion up to 

that point.

    (6) If the costs incurred by the OIG in responding to the request 

are greater than the amount paid by the requestor, the OIG will, prior 

to the issuance of the advisory opinion, notify the requestor of any 

additional amount due. The OIG will not issue an advisory opinion until 

the full amount owed by the requestor has been paid. Once the requestor 

has paid the OIG the total amount due for the costs of processing the 

request, the OIG will issue the advisory opinion. The time period for 

issuing advisory opinions will be tolled from the time the OIG notifies 

the requestor of the amount owed until the time full payment is 

received.

    (e) Fees for outside experts. (1) In addition to the fees identified 

in this section, the requestor also must pay any required fees for 

expert opinions, if any, from outside sources, as described in Sec.  

1008.33.

    (2) If the OIG determines that it is necessary to obtain expert 

advice to issue a requested advisory opinion, the OIG will notify the 

requestor of that fact and provide the identity of the appropriate 

expert and an estimate of the costs of the expert advice.



[62 FR 7357, Feb. 19, 1997, as amended at 63 FR 38324, July 16, 1998]