Code of Federal Regulations (Last Updated: July 5, 2024) |
Title 45 - Public Welfare |
Subtitle B - Regulations Relating to Public Welfare |
Chapter XI - National Foundation on the Arts and the Humanities |
SubChapter B - National Endowment for the Arts |
Part 1149 - Program Fraud Civil Remedies Act Regulations |
Subpart E - Procedures Following Service of a Complaint |
§ 1149.23 - May I file a motion to reopen my case?
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§ 1149.23 May I file a motion to reopen my case?
(a) You may file a motion with the ALJ asking him/her to reopen the case at any time before an initial decision becomes final. The ALJ may only reopen a case if, in this motion, he/she determines that you set forth extraordinary circumstances that prevented you from filing a timely answer. The initial decision will be stayed until the ALJ makes a decision on your motion to reopen. The reviewing official may respond to the motion.
(b) If the ALJ determines that you have demonstrated extraordinary circumstances excusing your failure to file a timely answer, the ALJ will withdraw the initial decision and grant you an opportunity to answer the complaint.
(c) A decision by the ALJ to deny your motion to reopen a case is not subject to review or reconsideration.