§35.40. Complaint and pre-hearing procedures. — Inbound Citations

(1) If the defendant does not file an answer within the time prescribed in § 35.40, the reviewing official must refer the complaint to the presiding officer within a reasonable time.

(c) Defendant means any person alleged in a complaint under § 35.40(a) to be liable for a civil penalty or assessment under § 35.10.

(1) If, based on the report of the investigating official under this section, the reviewing official determines that there is adequate evidence to believe that a person is liable under the Administrative False Claims Act, and there is a reasonable prospect of collecting, from a person with respect to whom the reviewing official is referring allegations of liability in such notice, the amount for which such person may be liable, the reviewing official shall transmit to the Attorney General a written notice of the reviewing official's intention to have a complaint issued under § 35.40(a).

(b) Complaint means the administrative complaint served by the reviewing official on the defendant under § 35.40(c).

(2) Upon the referral of the complaint, the presiding officer shall promptly serve on the defendant in the manner prescribed in § 35.40(c), a notice that an initial decision will be issued under this section.

(5) The fact that failure to file an answer within 30 days of service of the complaint will result in the imposition of the maximum amount of penalties and assessments without right to appeal, as provided in § 35.40(e).

(ii) A party seeking discovery must file a motion with the presiding officer. Such a motion shall be accompanied by a copy of the requested discovery, or in the case of depositions, a summary of the scope of the proposed deposition. Within 10 days of service, a party may file an opposition to the motion and/or a motion for protective order as provided in § 35.40(g)(3). The presiding officer may grant a motion for discovery only if he or she finds that the discovery sought:

(A) Is necessary for the expeditious, fair, and reasonable consideration of the issues;

(B) Is not unduly costly or burdensome;

(C) Will not unduly delay the proceeding; and