Regulations last checked for updates: Nov 24, 2024

Title 45 - Public Welfare last revised: Nov 19, 2024
§ 1174.43 - Voluntary settlement of the administrative complaint.

(a) Parties may make offers of compromise or settlement at any time. Any compromise or settlement must be in writing.

(b) The reviewing official has the exclusive authority to compromise or settle the case from the date on which the reviewing official is permitted to issue a complaint until the ALJ issues an initial decision.

(c) The authority head has exclusive authority to compromise or settle the case from the date of the ALJ's initial decision until initiation of any judicial review or any action to collect the penalties and assessments.

(d) The Attorney General has exclusive authority to compromise or settle the case while any judicial review or any action to recover penalties and assessments is pending.

(e) The investigating official may recommend settlement terms to the reviewing official, the authority head, or the Attorney General, as appropriate.

authority: 31 U.S.C. 3801-3812; 5 U.S.C. App. 8G(a)(2)
source: 86 FR 44628, Aug. 13, 2021, unless otherwise noted.
cite as: 45 CFR 1174.43