[Code of Federal Regulations]
[Title 6, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 6CFR13.39]

[Page 66-67]
 
                       TITLE 6--HOMELAND SECURITY
 
   CHAPTER I--DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY
 
PART 13_PROGRAM FRAUD CIVIL REMEDIES--Table of Contents
 
Sec.  13.39  Appeal to Authority Head.

    (a) Any Defendant who has served a timely answer and who is 
determined in an Initial Decision to be liable for a civil penalty or 
assessment may appeal such decision to the Authority Head by

[[Page 67]]

filing a notice of appeal in accordance with this section and Sec.  
13.26.
    (b)(1) A notice of appeal may be filed at any time within 30 days 
after the ALJ issues an Initial Decision. However, if another party 
files a motion for reconsideration under Sec.  13.38, consideration of 
the appeal will be stayed automatically pending resolution of the motion 
for reconsideration.
    (2) If a Defendant files a timely motion for reconsideration, a 
notice of appeal may be filed within 30 days after the ALJ denies the 
motion or issues a revised Initial Decision, whichever applies.
    (3) The Authority Head may extend the initial 30-day period for an 
additional 30 days if the Defendant files with the Authority Head a 
request for an extension within the initial 30-day period and shows good 
cause.
    (c) If the Defendant files a timely notice of appeal and the time 
for filing motions for reconsideration under Sec.  13.38 has expired, 
the ALJ will forward two copies of the notice of appeal to the Authority 
Head, and will forward or Make available the record of the proceeding to 
the Authority Head.
    (d) A notice of appeal will be accompanied by a written brief 
specifying exceptions to the Initial Decision and reasons supporting the 
exceptions.
    (e) The Representative for the Government may file a brief in 
opposition to exceptions within 30 days of receiving the notice of 
appeal and accompanying brief.
    (f) There is no right to appear personally before the Authority 
Head.
    (g) There is no right to appeal any interlocutory ruling by the ALJ.
    (h) In reviewing the Initial Decision, the Authority Head will not 
consider any objection that was not raised before the ALJ unless a 
demonstration is Made of extraordinary circumstances causing the failure 
to raise the objection.
    (i) If any party demonstrates to the satisfaction of the Authority 
Head that additional evidence not presented at such hearing is material 
and that there were reasonable grounds for the failure to present such 
evidence at such hearing, the Authority Head will remand the matter to 
the ALJ for consideration of such additional evidence.
    (j) The Authority Head may affirm, reduce, reverse, compromise, 
remand, or settle any penalty or assessment determined by the ALJ in any 
Initial Decision.
    (k) The Authority Head will promptly serve each party to the appeal 
with a copy of the decision of the Authority Head and with a Statement 
describing the right of any Person determined to be liable for a penalty 
or assessment to seek judicial review.
    (l) Unless a petition for review is filed as provided in 31 U.S.C. 
3805 after a Defendant has exhausted all administrative remedies under 
this part and within 60 days after the date on which the Authority Head 
serves the Defendant with a copy of the Authority Head's decision, a 
determination that a Defendant is liable under Sec.  13.3 is final and 
is not subject to judicial review.