94-25229. Rules of Practice in Proceedings Relative to the Program Fraud Civil Remedies Act

[Federal Register Volume 59, Number 197 (Thursday, October 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25229]


[[Page Unknown]]

[Federal Register: October 13, 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: Amendment of final rule.

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SUMMARY: This rule revises the regulation concerning settlement of 
cases brought under the Program Fraud Civil Remedies Act.

EFFECTIVE DATE: October 13, 1994.

FOR FURTHER INFORMATION CONTACT: George C. Davis, [phone].

SUPPLEMENTARY INFORMATION: On January 20, 1994, the Postal Service 
published a final rule amending its rules of practice in proceedings 
under the Program Fraud Civil Remedies Act with regard to settlement 
authority. This notice republishes section 39 CFR 962.26 in its 
entirety, correcting errors contained in the January 20, 1994, 
document. 59 FR 2987.

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 revised to read as follows:


Sec. 962.26  Settlement.

    (a) Either party may make offers of settlement or proposals of 
adjustment at any time.
    (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.
    (c) The Attorney General has the exclusive authority to compromise 
or settle any penalty or assessment the determination of which is the 
subject of a pending petition for judicial review, or a pending action 
to recover such penalty or assessment.
    (d) The Reviewing Official may recommend settlement terms to the 
Attorney General, as appropriate.
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 94-25229 Filed 10-12-94; 8:45 am]
BILLING CODE 7710-12-P