Program Fraud Civil Remedies

This part establishes administrative procedures for imposing civil penalties and assessments against persons who make, submit, or present, or cause to be made, submitted, or presented, false, fictitious, or fraudulent claims or written statements to authorities or to their agents, and  specifies the hearing and appeal rights of persons subject to allegations of liability for such penalties and assessments. Grantees will find this information useful when confronted with issues of fraud.


Program Fraud Civil Remedies


Table of Content

§79.1 Basis and purpose.

§79.2 Definitions.

§79.3 Basis for civil penalties and assessments.

§79.4 Investigation.

§79.5 Review by the reviewing official.

§79.6 Prerequisites for issuing a complaint.

§79.7 Complaint.

§79.8 Service of complaint.

§79.9 Answer.

§79.10 Default upon failure to file an answer.

§79.11 Referral of complaint and answer to the ALJ.

§79.12 Notice of hearing.

§79.13 Parties to the hearing.

§79.14 Separation of functions.

§79.15 Ex parte contacts

§79.16 Disqualification of reviewing official or ALJ.

§79.17 Rights of parties.

§79.18 Authority of the ALJ.

§79.19 Prehearing conferences.

§79.20 Disclosure of documents.

§79.21 Discovery.

§79.22 Exchange of witness lists, statements and exhibits

§79.23 Subpoenas for attendance at hearing.

§79.24 Protective order.

§79.25 Fees

§79.26 Form, filing and service of papers.

§79.27 Computation of time.

§79.28 Motions.

§79.29 Sanctions.

§79.30The hearing and burden of proof.

§79.31Determining the amount of penalties and assessments

§79.32Location of hearing.



§79.35The record.

§79.36Post-hearing briefs.

§79.37Initial decision.

§79.38Reconsideration of initial decision.

§79.39Appeal to authority head.

§79.40Stays ordered by the Department of Justice.

§79.41Stay pending appeal.

§79.42Judicial review.

§79.43Collection of civil penalties and assessments.

§79.44Right to administrative offset.

§79.45Deposit in Treasury of United States.

§79.46Compromise or settlement.


Program Fraud Civil Remedies. HHS/GPO. 2006. English.

Last Reviewed: September 2008

Last Updated: November 13, 2014