45 CFR Part 1149
PART 1149—PROGRAM FRAUD CIVIL REMEDIES ACT REGULATIONS
- PART 1149—PROGRAM FRAUD CIVIL REMEDIES ACT REGULATIONS
- Subtitle B—Regulations Relating to Public Welfare › Chapter XI—National Foundation on the Arts and the Humanities › Subchapter B—National Endowment for the Arts
- Subpart A—Purpose and Definitions
- § 1149.1 Purpose.
- § 1149.2 Definitions.
- Subpart B—Claims and Statements
- § 1149.3 What is a claim?
- § 1149.4 When is a claim made?
- § 1149.5 What is a false claim?
- § 1149.6 What is a statement?
- § 1149.7 What is a false statement?
- Subpart C—Basis for Liability
- § 1149.8 What kind of conduct results in program fraud enforcement?
- § 1149.9 What civil penalties and assessments may I be subjected to?
- Subpart D—Procedures Leading to the Issuance of a Complaint
- § 1149.10 How is program fraud investigated?
- § 1149.11 May the investigating official issue a subpoena?
- § 1149.12 What happens if program fraud is suspected?
- § 1149.13 When may the NEA issue a complaint?
- § 1149.14 What is contained in a complaint?
- § 1149.15 How will the complaint be served?
- § 1149.16 What constitutes proof of service?
- Subpart E—Procedures Following Service of a Complaint
- § 1149.17 How do you respond to the complaint?
- § 1149.18 May I file a general answer?
- § 1149.19 What happens once an answer is filed?
- § 1149.20 What must the notice of hearing include?
- § 1149.21 When must the ALJ serve the notice of oral hearing?
- § 1149.22 What happens if you fail to file an answer?
- § 1149.23 May I file a motion to reopen my case?
- § 1149.24 What happens if my motion to reopen is denied?
- § 1149.25 When, if ever, will time be tolled?
- Subpart F—Hearing Procedures
- § 1149.26 What kind of hearing is contemplated?
- § 1149.27 What is the role of the ALJ?
- § 1149.28 What does the ALJ have the authority to do?
- § 1149.29 What rights do you have at the hearing?
- § 1149.30 How are the functions of the ALJ separated from those of the investigating official and the reviewing official?
- § 1149.31 Can the reviewing official or the ALJ be disqualified?
- § 1149.32 Do you have a right to review documents?
- § 1149.33 What type of discovery is authorized and how is it conducted?
- § 1149.34 How are motions for discovery handled?
- § 1149.35 When may an ALJ grant a motion for discovery?
- § 1149.36 How are depositions handled?
- § 1149.37 Are witness lists and exhibits exchanged before the hearing?
- § 1149.38 Can witnesses be subpoenaed?
- § 1149.39 Who pays the costs for a subpoena?
- § 1149.40 When may I file a motion to quash a subpoena?
- § 1149.41 Are protective orders available?
- § 1149.42 What does a protective order protect?
- § 1149.43 How are documents filed and served with the ALJ?
- § 1149.44 What must documents filed with the ALJ include?
- § 1149.45 How is time computed?
- § 1149.46 Where is the hearing held?
- § 1149.47 How will the hearing be conducted?
- § 1149.48 Who has the burden of proof?
- § 1149.49 How is evidence presented at the hearing?
- § 1149.50 How is witness testimony presented?
- § 1149.51 How can I exclude a witness?
- § 1149.52 Will the hearing proceedings be recorded?
- § 1149.53 Are ex parte communications between a party and the ALJ permitted?
- § 1149.54 Are there sanctions for misconduct?
- § 1149.55 What happens if I fail to comply with an order?
- § 1149.56 Are post-hearing briefs required?
- Subpart G—Decisions and Appeals
- § 1149.57 How is the case decided?
- § 1149.58 When will the ALJ serve the initial decision?
- § 1149.59 How are penalty and assessment amounts determined?
- § 1149.60 What factors are considered in determining the amount of penalties and assessments to impose?
- § 1149.61 Can a party request reconsideration of the initial decision?
- § 1149.62 When does the initial decision of the ALJ become final?
- § 1149.63 What are the procedures for appealing the ALJ decision?
- § 1149.64 What happens if an initial decision is appealed?
- § 1149.65 Are there any limitations on the right to appeal to the authority head?
- § 1149.66 How does the authority head dispose of an appeal?
- § 1149.67 Who represents the NEA on an appeal?
- § 1149.68 What judicial review is available?
- § 1149.69 Can the administrative complaint be settled voluntarily?
- § 1149.70 How are civil penalties and assessments collected?
- § 1149.71 Is there a right to administrative offset?
- § 1149.72 What happens to collections?
- § 1149.73 What if the investigation indicates criminal misconduct or a violation of the False Claims Act?
- § 1149.74 How does the NEA protect your rights?
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