[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: 45CFR79.46]



[Page 296-297]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 79_PROGRAM FRAUD CIVIL REMEDIES--Table of Contents

 

Sec.  79.46  Compromise or settlement.



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

    (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.

    (c) The authority 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.  79.42 or during the pendency of any action to collect 

penalties and assessments under Sec.  79.43.



[[Page 297]]



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

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

Sec.  79.42 or of any action to recover penalties and assessments under 

31 U.S.C. 3806.

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

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

appropriate. The reviewing official may recommend settlement terms to 

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

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