Part 142. PART 142—ADMINISTRATIVE FALSE CLAIMS ACT REGULATIONS

• Overview and Definitions

  • SECTION § 142.1 - Overview of regulations.
  • SECTION § 142.2 - What kind of conduct will result in program fraud enforcement?
  • SECTION § 142.3 - What is a claim?
  • SECTION § 142.4 - What is a statement?
  • SECTION § 142.5 - What is a false claim or statement?
  • SECTION § 142.6 - What does the phrase “know or have reason to know” mean?

• Procedures Leading to Issuance of a Complaint

  • SECTION § 142.7 - Who investigates program fraud?
  • SECTION § 142.8 - What happens if program fraud is suspected?
  • SECTION § 142.9 - When will SBA issue a complaint?
  • SECTION § 142.10 - What is contained in a complaint?
  • SECTION § 142.11 - How will the complaint be served?

• Procedures Following Service of a Complaint

  • SECTION § 142.12 - How does a defendant respond to the complaint?
  • SECTION § 142.13 - What happens if a defendant fails to file an answer?
  • SECTION § 142.14 - What happens once an answer is filed?

• Hearing Provisions

  • SECTION § 142.15 - What kind of hearing is contemplated?
  • SECTION § 142.16 - At the hearing, what rights do the parties have?
  • SECTION § 142.17 - What is the role of the ALJ?
  • SECTION § 142.18 - Can the reviewing official or ALJ be disqualified?
  • SECTION § 142.19 - How are issues brought to the attention of the ALJ?
  • SECTION § 142.20 - How are papers served?
  • SECTION § 142.21 - How will the hearing be conducted and who has the burden of proof?
  • SECTION § 142.22 - How is evidence presented at the hearing?
  • SECTION § 142.23 - Are there limits on disclosure of documents or discovery?
  • SECTION § 142.24 - Can witnesses be subpoenaed?
  • SECTION § 142.25 - Can a party or witness object to discovery?
  • SECTION § 142.26 - Can a party informally discuss the case with the ALJ?
  • SECTION § 142.27 - Are there sanctions for misconduct?
  • SECTION § 142.28 - Where is the hearing held?
  • SECTION § 142.29 - Are witness lists exchanged before the hearing?

• Decisions and Appeals

  • SECTION § 142.30 - How is the case decided?
  • SECTION § 142.31 - Can a party request reconsideration of the initial decision?
  • SECTION § 142.32 - When does the initial decision of the ALJ become final?
  • SECTION § 142.33 - What are the procedures for appealing the ALJ decision?
  • SECTION § 142.34 - Are there any limitations on the right to appeal to the Administrator?
  • SECTION § 142.35 - How does the Administrator dispose of an appeal?
  • SECTION § 142.36 - Can I obtain judicial review?
  • SECTION § 142.37 - What judicial review is available?
  • SECTION § 142.38 - Can the administrative complaint be settled voluntarily?
  • SECTION § 142.39 - How are civil penalties and assessments collected?
  • SECTION § 142.40 - What if the investigation indicates criminal misconduct?
  • SECTION § 142.41 - How does SBA protect the rights of defendants?