94-1348. Rules of Practice in Proceedings Relative to the Program Fraud Civil Remedies Act

[Federal Register Volume 59, Number 13 (Thursday, January 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1348]


[[Page Unknown]]

[Federal Register: January 20, 1994]


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POSTAL SERVICE

39 CFR Part 962

 

Rules of Practice in Proceedings Relative to the Program Fraud 
Civil Remedies Act

agency: Postal Service.

action: Final rule.

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summary: This rule revises the regulation concerning settlement of 
cases brought under the Program Fraud Civil Remedies Act. Currently, 
the Postmaster General must approve any settlement reached in a Program 
Fraud case while an administrative appeal of an initial decision is 
pending. This rule revises the current regulation to delegate authority 
to settle a case in this posture to the General Counsel.

effective date: January 20, 1994.

for further information contact: George C. Davis [phone].

supplementary information: The Program Fraud Civil Remedies Act vests 
exclusive authority to settle a case brought under this act in the 
``reviewing official'' from the date that the Department of Justice 
approves an action to the date on which a ``presiding official'' 
renders an initial decision. 31 U.S.C. 3803(j). After a presiding 
official renders an initial decision, settlement authority shifts to 
the agency's ``authority head.'' 31 U.S.C. 3803(i)(2)(C). Settlement 
authority remains with the authority head until either the respondent 
in the administrative proceeding seeks judicial review of the final 
agency decision, or the Department of Justice files a judicial action 
to collect the amount awarded by the final agency decision. 31 U.S.C. 
3806(f).
    The Postal Service has designated the General Counsel as its 
reviewing official and the Postmaster General as its authority head. It 
has assigned Administrative Law Judges to serve as presiding officials. 
39 CFR 962.2.
    The purpose of this amendment is to delegate the Postmaster 
General's settlement authority to the General Counsel. Under the 
current language of 39 CFR 962.26, only the Postmaster General may 
settle a Program Fraud case from the date that an Administrative Law 
Judge renders an initial decision until the date that an action for 
judicial review or collection is filed in a U.S. District Court. This 
amendment would vest such settlement authority in the General Counsel.

List of Subjects in 39 CFR Part 962

    Administrative practice and procedure, Fraud, Penalties, Postal 
Service.

    In consideration of the foregoing, 39 CFR part 962 is amended as 
set forth below.

PART 962--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO THE PROGRAM 
FRAUD CIVIL REMEDIES ACT

    1. The authority citation for part 962 continues to read as 
follows:

    Authority: 31 U.S.C. Chapter 38; 39 U.S.C. 401.

    2. Section 962.26 is amended by revising the phrase ``The 
Postmaster General'' in paragraph (c) to read ``The Attorney General''; 
by removing paragraph (e); and by revising paragraphs (b) and (d) to 
read as follows:


Sec. 962.26  Settlement.

* * * * *
    (b) The Reviewing Official has the exclusive authority to 
compromise or settle any allegations or determinations of liability 
under 31 U.S.C. 3802 without the consent of the Presiding Officer, 
except during the pendency of an appeal to the appropriate United 
States district court pursuant to 31 U.S.C. 3805 or during the pendency 
of an action to collect any penalties or assessments pursuant to 31 
U.S.C. 3806.
* * * * *
    (d) The Reviewing Official may recommend settlement terms to the 
Attorney General, as appropriate.
Stanley F. Mires,
Chief Counsel, Legislative Division.
[FR Doc. 94-1348 Filed 1-19-94; 8:45 am]
BILLING CODE 7710-12-M