(a)(1) Except as provided in § 1001.2003, an individual or entity excluded under this part may file a request for a hearing
before an ALJ only on the issues of whether:
(i) The basis for the imposition of the sanction exists, and
(ii) The length of exclusion is unreasonable.
(2) When the OIG imposes an exclusion under subpart B of this part for a period of 5
years, paragraph (a)(1)(ii) of this section will not apply.
(3) The request for a hearing should contain the information set forth in § 1005.2(d) of this chapter.
(b) The excluded individual or entity has 60 days from the receipt of notice of exclusion
provided for in § 1001.2002 to file a request for such a hearing.
(c) The standard of proof at a hearing is preponderance of the evidence.
(d) When the exclusion is based on the existence of a criminal conviction or a civil
judgment imposing liability by Federal, State or local court, a determination by another
Government agency, or any other prior determination where the facts were adjudicated
and a final decision was made, the basis for the underlying conviction, civil judgment
or determination is not reviewable and the individual or entity may not collaterally
attack it either on substantive or procedural grounds in this appeal.
(e) The procedures in part 1005 of this chapter will apply to the appeal.
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