Hearing Procedures

§ 681.12 - What kind of hearing is contemplated?

§ 681.13 - At the hearing, what rights do the parties have?

§ 681.14 - What is the role of the ALJ?

§ 681.15 - How are the functions of the ALJ separated from those of the investigating official and the reviewing official?

§ 681.16 - Can the reviewing official or ALJ be disqualified?

§ 681.17 - What rights are there to review documents?

§ 681.18 - What type of discovery is authorized and how is it conducted?

§ 681.19 - Are witness lists exchanged before the hearing?

§ 681.20 - Can witnesses be subpoenaed?

§ 681.21 - Who pays the costs for a subpoena?

§ 681.22 - Are protective orders available?

§ 681.23 - How are documents filed and served with the ALJ?

§ 681.24 - How is time computed?

§ 681.25 - Where is the hearing held?

§ 681.26 - How will the hearing be conducted and who has the burden of proof?

§ 681.27 - How is evidence presented at the hearing?

§ 681.28 - How is witness testimony presented?

§ 681.29 - Will the hearing proceedings be recorded?

§ 681.30 - Are ex parte communications between a party and the ALJ permitted?

§ 681.31 - Are there sanctions for misconduct?

§ 681.32 - Are post-hearing briefs required?

Purpose, Definitions, and Basis for Liability

§ 681.1 - Purpose.

§ 681.2 - Definitions.

§ 681.3 - What is the basis for the imposition of civil penalties and assessments?

Procedures Leading to Issuance of a Complaint

§ 681.4 - Who investigates program fraud?

§ 681.5 - What happens if program fraud is suspected?

§ 681.6 - When may NSF issue a complaint?

§ 681.7 - What is contained in a complaint?

§ 681.8 - How will the complaint be served?

Procedures Following Service of a Complaint

§ 681.9 - How does a defendant respond to the complaint?

§ 681.10 - What happens if a defendant fails to file an answer?

§ 681.11 - What happens once an answer is filed?

Decisions and Appeals

§ 681.33 - How is the case decided?

§ 681.34 - How are penalty and assessment amounts determined?

§ 681.35 - Can a party request reconsideration of the initial decision?

§ 681.36 - When does the initial decision of the ALJ become final?

§ 681.37 - What are the procedures for appealing the ALJ decision?

§ 681.38 - What happens if an initial decision is appealed?

§ 681.39 - Are there any limitations on the right to appeal to the authority head?

§ 681.40 - How does the authority head dispose of an appeal?

§ 681.41 - What judicial review is available?

§ 681.42 - Can the administrative complaint be settled voluntarily?

§ 681.43 - How are civil penalties and assessments collected?

§ 681.44 - Is there a right to administrative offset?

§ 681.45 - What happens to collections?

§ 681.46 - What if the investigation indicates criminal misconduct?