§ 240.21F-12 Materials that may form the basis of an award determination and that may comprise the record on appeal.  


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  • (a) The following items constitute the materials that the Commission and the Claims Review Staff may rely upon to make an award determination pursuant to §§240.21F-10 and 240.21F-11 of this chapter:

    (1) Any publicly available materials from the covered action or related action, including:

    (i) The complaint, notice of hearing, answers and any amendments thereto;

    (ii) The final judgment, consent order, or final administrative order;

    (iii) Any transcripts of the proceedings, including any exhibits;

    (iv) Any items that appear on the docket; and

    (v) Any appellate decisions or orders.

    (2) The whistleblower's Form TCR (referenced in §249.1800 of this chapter), including attachments, and other related materials provided by the whistleblower to assist the Commission with the investigation or examination;

    (3) The whistleblower's Form WB-APP (referenced in §249.1800 of this chapter), including attachments, and any other filings or submissions from the whistleblower in support of the award application;

    (4) Sworn declarations (including attachments) from the Commission staff regarding any matters relevant to the award determination;

    (5) With respect to an award claim involving a related action, any statements or other information that the entity provides or identifies in connection with an award determination, provided the entity has authorized the Commission to share the information with the claimant. (Neither the Commission nor the Claims Review Staff may rely upon information that the entity has not authorized the Commission to share with the claimant); and

    (6) Any other documents or materials including sworn declarations from third-parties that are received or obtained by the Office of the Whistleblower to assist the Commission resolve the claimant's award application, including information related to the claimant's eligibility. (Neither the Commission nor the Claims Review Staff may rely upon information that the entity has not authorized the Commission to share with the claimant).

    (b) These rules do not entitle claimants to obtain from the Commission any materials (including any pre-decisional or internal deliberative process materials that are prepared exclusively to assist the Commission in deciding the claim) other than those listed in paragraph (a) of this section. Moreover, the Office of the Whistleblower may make redactions as necessary to comply with any statutory restrictions, to protect the Commission's law enforcement and regulatory functions, and to comply with requests for confidential treatment from other law enforcement and regulatory authorities. The Office of the Whistleblower may also require you to sign a confidentiality agreement, as set forth in §240.21F-(8)(b)(4) of this chapter, before providing these materials.

[54 FR 25423, June 14, 1989, as amended at 54 FR 26647, June 23, 1989; 55 FR 22683, June 1, 1990; 55 FR 33694, Aug. 17, 1990; 56 FR 3876, Jan. 31, 1991