TITLE 42 - PUBLIC HEALTH

CHAPTER V - OFFICE OF INSPECTOR GENERAL - HEALTH CARE, DEPARTMENT OF HEALTH AND HUMAN SERVICES

SUBCHAPTER B - OIG AUTHORITIES

PART 1003 - CIVIL MONEY PENALTIES, ASSESSMENTS AND EXCLUSIONS

1003.114 - Collateral estoppel.

  (a) Where a final determination pertaining to the respondent's liability under 1003.102 has been rendered in any proceeding in which the respondent was a party and had an opportunity to be heard, the respondent shall be bound by such determination in any proceeding under this part.

  (b) In a proceeding under this part that (1) Is against a person who has been convicted (whether upon a verdict after trial or upon a plea of guilty or nolo contendere) of a Federal crime charging fraud or false statements, and (2) Involves the same transactions as in the criminal action, the person is estopped from denying the essential elements of the criminal offense.

[57 FR 3348, Jan. 29, 1992, as amended at 64 FR 39429, July 22, 1999]