[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: 45CFR79.38]



[Page 295]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 79_PROGRAM FRAUD CIVIL REMEDIES--Table of Contents

 

Sec.  79.38  Reconsideration of initial decision.



    (a) Except as provided in paragraph (d) of this section, any party 

may file a motion for reconsideration of the initial decision within 20 

days of receipt of the initial decision. If service was made by mail, 

receipt will be presumed to be five days from the date of mailing in the 

absence of contrary proof.

    (b) Every such motion must set forth the matters claimed to have 

been erroneously decided and the nature of the alleged errors. Such 

motion shall be accompanied by a supporting brief.

    (c) Responses to such motions shall be allowed only upon request of 

the ALJ.

    (d) No party may file a motion for reconsideration of an initial 

decision that has been revised in response to a previous motion for 

reconsideration.

    (e) The ALJ may dispose of a motion for reconsideration by denying 

it or by issuing a revised initial decision.

    (f) If the ALJ denies a motion for reconsideration, the initial 

decision shall constitute the final decision of the authority head and 

shall be final and binding on the parties 30 days after the ALJ denies 

the motion, unless the initial decision is timely appealed to the 

authority head in accordance with Sec.  79.39.

    (g) If the ALJ issues a revised initial decision, that 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, unless it 

is timely appealed to the authority head in accordance with Sec.  79.39.