§ 22.2 - Definitions.

§ 22.2 Definitions.

Cross Reference

Link to an amendment published at 86 FR 1781, Jan. 11, 2021.

(a) ALJ means an Administrative Law Judge in the authority appointed pursuant to 5 U.S.C. 3105 or detailed to the authority pursuant to 5 U.S.C. 3344.

(b) ARB means the Administrative Review Board delegated to act as the authorized representative of the Secretary of Labor in review or on appeal of decisions and recommendations as provided in Secretary's Order 01-2020 (or any successor to that order).

(c) Authority means the United States Department of Labor.

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c

d) Authority head means the Secretary of Labor or his or her designee.

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e) Benefit means, in the context of statement, anything of value, including but not limited to any advantage, preference, privilege, license, permit, favorable decision, ruling, status, or loan guarantee.

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f) Claim means, any request, demand, or submission -

(1) Made to the authority for property, services, or money (including money representing grants, loans, insurance, or benefits);

(2) Made to a recipient of property, services, or money from the authority or to a party to a contract with the authority -

(i) For property or services if the United States -

(A) Provided such property or services;

(B) Provided any portion of the funds for the purchase of such property or services; or

(C) Will reimburse such recipient or party for the purchase of such property or services; or

(ii) For the payment of money (including money representing grants, loans, insurance, or benefits) if the United States -

(A) Provided any portion of the money requested or demanded; or

(B) Will reimburse such recipient or party for any portion of the money paid on such request or demand; or

(3) Made to the authority which has the effect of decreasing an obligation to pay or account for property, services, or money.

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f

g) Complaint means the administrative complaint served by the reviewing official on the defendant under § 22.7.

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h) Defendant means any person alleged in a complaint under § 22.7 to be liable for a civil penalty or assessment under § 22.3.

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i) Department means the United States Department of Labor.

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j) Government means the United States Government.

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k) Individual means a natural person.

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l) Initial decision means the written decision of the ALJ required by § 22.10 or § 22.37, and includes a revised initial decision issued following a remand or a motion for reconsideration.

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m) Investigating official means the Inspector General of the Department of Labor or an officer or employee of the Office of the Inspector General designated by the Inspector General and serving in a Senior Executive Service position.

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n) Knows or has reason to know, means that a person, with respect to a claim or statement -

(1) Has actual knowledge that the claim or statement is false, fictitious, or fraudulent;

(2) Acts in deliberate ignorance of the truth or falsity of the claim or statement; or

(3) Acts in reckless disregard of the truth or falsity of the claim or statement.

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n

o) Makes, wherever it appears, shall include the terms presents, submits, and causes to be made, presented, or submitted. As the context requires, making or made, shall likewise include the corresponding forms of such terms.

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o

p) Person means any individual, partnership, corporation, association, or private organization, and includes the plural of that term.

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q) Representative means an attorney who is in good standing of the bar in any state, territory, or possession of the United States or of the District of Columbia or the Commonwealth of Puerto Rico, or other representative meeting the qualifications of a non-attorney representative found at 29 CFR 18.34 and designated by a party in writing.

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q

r) Reviewing official means the Solicitor of the Department of Labor or his designee who is -

(1) Not subject to supervision by, or required to report to, the investigating official; and

(2) Not employed in the organizational unit of the authority in which the investigating official is employed;

(3) Serving in a Senior Executive Service position.

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r

s) Statement means any representation, certification, affirmation, document, record, or accounting or bookkeeping entry made -

(1) With respect to a claim or to obtain the approval or payment of a claim (including relating to eligibility to make a claim); or

(2) With respect to (including relating to eligibility for) -

(i) A contract with, or a bid or proposal for a contract with; or

(ii) A grant, loan, or benefit from,

the authority, or any State, political subdivision of a State, or other party, if the United States Government provides any portion of the money or property under such contractor for such grant, loan, or benefit, or if the Government will reimburse such State, political subdivision, or party for any portion of the money or property under such contract or for such grant, loan, or benefit.

[52 FR 48492, Dec. 22, 1987, as amended at 61 FR 19985, May 3, 1996; 72 FR 37098, July 9, 2007; 86 FR 1781, Jan. 11, 2021]