[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: 45CFR79.9]



[Page 286]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 79_PROGRAM FRAUD CIVIL REMEDIES--Table of Contents

 

Sec.  79.9  Answer.



    (a) The defendant may request a hearing by filing an answer with the 

reviewing official within 30 days of service of the complaint. An answer 

shall be deemed to be a request for hearing.

    (b) In the answer, the defendant--

    (1) Shall admit or deny each of the allegations of liability made in 

the complaint;

    (2) Shall state any defense on which the defendant intends to rely;

    (3) May state any reasons why the defendant contends that the 

penalties and assessments should be less than the statutory maximum; and

    (4) Shall state the name, address, and telephone number of the 

person authorized by the defendant to act as defendant's representative, 

if any.

    (c) If the defendant is unable to file an answer meeting the 

requirements of paragraph (b) of this section within the time provided, 

the defendant, before that time expires, may file with the reviewing 

official a general answer denying liability and requesting a hearing, 

and a request for an extension of time within which to file an answer 

meeting the requirements of paragraph (b) of this section. As provided 

in Sec.  79.11, the reviewing official shall file promptly with the ALJ 

the complaint, the general answer denying liability, and the request for 

an extension of time. For good cause shown, the ALJ may grant the 

defendant up to 30 additional days within which to file an answer 

meeting the requirements of paragraph (b) of this section.