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Federal regulations · Through 2026-08-25 · Newer source version available

45 CFR 1149.23: May I file a motion to reopen my case?

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Where this section sits in the code
  1. Title 45—Public Welfare
  2. Subtitle B—Regulations Relating to Public Welfare
  3. CHAPTER XI—NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
  4. SUBCHAPTER B—NATIONAL ENDOWMENT FOR THE ARTS
  5. PART 1149—PROGRAM FRAUD CIVIL REMEDIES ACT REGULATIONS
  6. Subpart E—Procedures Following Service of a Complaint

(a) You may file a motion with the ALJ asking him/her to reopen the case at any time before an initial decision becomes final. The ALJ may only reopen a case if, in this motion, he/she determines that you set forth extraordinary circumstances that prevented you from filing a timely answer. The initial decision will be stayed until the ALJ makes a decision on your motion to reopen. The reviewing official may respond to the motion.

(b) If the ALJ determines that you have demonstrated extraordinary circumstances excusing your failure to file a timely answer, the ALJ will withdraw the initial decision and grant you an opportunity to answer the complaint.

(c) A decision by the ALJ to deny your motion to reopen a case is not subject to review or reconsideration.

Collected 2026-08-27T02:26:21Z. Source file · JSON

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