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Code of Federal Regulations (Last Updated: May 6, 2024) |
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Title 45 - Public Welfare |
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Subtitle B - Regulations Relating to Public Welfare |
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Chapter XI - National Foundation on the Arts and the Humanities |
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SubChapter B - National Endowment for the Arts |
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Part 1149 - Program Fraud Civil Remedies Act Regulations |
| Subpart A - Purpose and Definitions |
| § 1149.1 - Purpose. |
| § 1149.2 - Definitions. |
| Subpart B - Claims and Statements |
| § 1149.3 - What is a claim? |
| § 1149.4 - When is a claim made? |
| § 1149.5 - What is a false claim? |
| § 1149.6 - What is a statement? |
| § 1149.7 - What is a false statement? |
| Subpart C - Basis for Liability |
| § 1149.8 - What kind of conduct results in program fraud enforcement? |
| § 1149.9 - What civil penalties and assessments may I be subjected to? |
| Subpart D - Procedures Leading to the Issuance of a Complaint |
| § 1149.10 - How is program fraud investigated? |
| § 1149.11 - May the investigating official issue a subpoena? |
| § 1149.12 - What happens if program fraud is suspected? |
| § 1149.13 - When may the NEA issue a complaint? |
| § 1149.14 - What is contained in a complaint? |
| § 1149.15 - How will the complaint be served? |
| § 1149.16 - What constitutes proof of service? |
| Subpart E - Procedures Following Service of a Complaint |
| § 1149.17 - How do you respond to the complaint? |
| § 1149.18 - May I file a general answer? |
| § 1149.19 - What happens once an answer is filed? |
| § 1149.20 - What must the notice of hearing include? |
| § 1149.21 - When must the ALJ serve the notice of oral hearing? |
| § 1149.22 - What happens if you fail to file an answer? |
| § 1149.23 - May I file a motion to reopen my case? |
| § 1149.24 - What happens if my motion to reopen is denied? |
| § 1149.25 - When, if ever, will time be tolled? |
| Subpart F - Hearing Procedures |
| § 1149.26 - What kind of hearing is contemplated? |
| § 1149.27 - What is the role of the ALJ? |
| § 1149.28 - What does the ALJ have the authority to do? |
| § 1149.29 - What rights do you have at the hearing? |
| § 1149.30 - How are the functions of the ALJ separated from those of the investigating official and the reviewing official? |
| § 1149.31 - Can the reviewing official or the ALJ be disqualified? |
| § 1149.32 - Do you have a right to review documents? |
| § 1149.33 - What type of discovery is authorized and how is it conducted? |
| § 1149.34 - How are motions for discovery handled? |
| § 1149.35 - When may an ALJ grant a motion for discovery? |
| § 1149.36 - How are depositions handled? |
| § 1149.37 - Are witness lists and exhibits exchanged before the hearing? |
| § 1149.38 - Can witnesses be subpoenaed? |
| § 1149.39 - Who pays the costs for a subpoena? |
| § 1149.40 - When may I file a motion to quash a subpoena? |
| § 1149.41 - Are protective orders available? |
| § 1149.42 - What does a protective order protect? |
| § 1149.43 - How are documents filed and served with the ALJ? |
| § 1149.44 - What must documents filed with the ALJ include? |
| § 1149.45 - How is time computed? |
| § 1149.46 - Where is the hearing held? |
| § 1149.47 - How will the hearing be conducted? |
| § 1149.48 - Who has the burden of proof? |
| § 1149.49 - How is evidence presented at the hearing? |
| § 1149.50 - How is witness testimony presented? |
| § 1149.51 - How can I exclude a witness? |
| § 1149.52 - Will the hearing proceedings be recorded? |
| § 1149.53 - Are ex parte communications between a party and the ALJ permitted? |
| § 1149.54 - Are there sanctions for misconduct? |
| § 1149.55 - What happens if I fail to comply with an order? |
| § 1149.56 - Are post-hearing briefs required? |
| Subpart G - Decisions and Appeals |
| § 1149.57 - How is the case decided? |
| § 1149.58 - When will the ALJ serve the initial decision? |
| § 1149.59 - How are penalty and assessment amounts determined? |
| § 1149.60 - What factors are considered in determining the amount of penalties and assessments to impose? |
| § 1149.61 - Can a party request reconsideration of the initial decision? |
| § 1149.62 - When does the initial decision of the ALJ become final? |
| § 1149.63 - What are the procedures for appealing the ALJ decision? |
| § 1149.64 - What happens if an initial decision is appealed? |
| § 1149.65 - Are there any limitations on the right to appeal to the authority head? |
| § 1149.66 - How does the authority head dispose of an appeal? |
| § 1149.67 - Who represents the NEA on an appeal? |
| § 1149.68 - What judicial review is available? |
| § 1149.69 - Can the administrative complaint be settled voluntarily? |
| § 1149.70 - How are civil penalties and assessments collected? |
| § 1149.71 - Is there a right to administrative offset? |
| § 1149.72 - What happens to collections? |
| § 1149.73 - What if the investigation indicates criminal misconduct or a violation of the False Claims Act? |
| § 1149.74 - How does the NEA protect your rights? |