[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 45CFR79.37]



[Page 294-295]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 79_PROGRAM FRAUD CIVIL REMEDIES--Table of Contents

 

Sec.  79.37  Initial decision.



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

record, which shall contain findings of fact, conclusions of law, and 

the amount of any penalties and assessments imposed.

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

following issues:

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

any portions thereof, violate Sec.  79.3;

    (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 he or she finds in the case, such 

as those described in Sec.  79.31.

    (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



[[Page 295]]



motion for reconsideration with the ALJ or a notice of appeal with the 

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

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

delay and shall set a new deadline.

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

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

is timely filed, the initial decision shall constitute the final 

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

parties 30 days after it is issued by the ALJ.