such hearing examiner shall either make an initial decision, if so authorized, or certify the entire record, including his recommended findings and proposed decision, to the responsible Department official for a final decision, and a copy of such initial decision or certification shall be mailed to the applicant or recipient. Whenever the initial decision is made by the hearing examiner, the applicant or recipient may, within 30 days of the mailing of such notice of initial decision, file with the responsible Department official his exceptions to the initial decision, with his reasons therefor. In the absence of exceptions, the responsible Department official may on his own motion, within 45 days after the initial decision, serve on the applicant or recipient a notice that he will review the decision. Upon filing of such exceptions, or of such notice of review, the responsible Department official shall review the initial decision and issue his own decision thereon including the reasons therefor. In the absence of either exceptions or a notice of review the initial decision shall constitute the final decision of the responsible Department official. (b) Decisions on the record or on review by the responsible Department official. Whenever a record is certified to the responsible Department official for decision or he reviews the decision of a hearing examiner pursuant to paragraph (a) of this section, or whenever the responsible Department official conducts the hearing, the applicant or recipient shall be given a reasonable opportunity to file with him briefs or other written statements of its contentions, and a copy of the final decision of the responsible Department official shall be given in writing to the applicant or recipient and to the complainant, if any. (c) Decisions on the record whenever a hearing is waived. Whenever a hearing is waived pursuant to § 42.109(a), a decision shall be made by the responsible Department official on the record and a copy of such decision shall be given in writing to the applicant or recipient, and to the complainant, if any. (d) Rulings required. Each decision of a hearing officer or responsible Department official shall set forth his ruling on each findings, conclusion, or exception presented, and shall identify the requirement or requirements imposed by or pursuant to this subpart with which it is found that the applicant or recipient has failed to comply. (e) Approval by Attorney General. Any final decision of a responsible Department official (other than the Attorney General) which provides for the suspension or termination of, or the refusal to grant or continue Federal financial assistance, or the imposition of any other sanction available under this subpart or the Act, shall promptly be transmitted to the Attorney General, who may approve such decision, vacate it, or remit or mitigate any sanction imposed. (f) Content of orders. The final decision may provide for suspension or termination of, or refusal to grant or continue, Federal financial assistance, in whole or in part, under the program involved, and may contain such terms, conditions, and other provisions as are consistent with, and will effectuate the purposes of, the Act and this subpart, including provisions designed to assure that no Federal financial assistance will thereafter be extended under such program to the applicant or recipient determined by such decision to be in default in its performance of an assurance given by it pursuant to this subpart, or to have otherwise failed to comply with this subpart, unless and until, it corrects its noncompliance and satisfies the responsible Department official that it will fully comply with this subpart. § 42.111 Judicial review. Action taken pursuant to section 602 of the Act is subject to judicial review as provided in section 603 of the Act. § 42.112 Effect on other regulations; forms and instructions. (a) Effect on other regulations. Nothing in this subpart shall be deemed to supersede any provision or Subpart A or B of this part or of any other regulation or instruction which prohibits discrimination on the ground of race, color, or national origin in any program or situation to which this subpart is inapplicable, or which prohibits discrimination on any other ground. (b) Forms and instructions. Each responsible Department official, other than the Attorney General or Deputy Attorney General, shall issue and promptly make available to interested persons forms and detailed instructions and procedures for effectuating this subpart as applied to programs to which this subpart applies and for which he is responsible. (c) Supervision and coordination. The Attorney General may from time to time assign to officials of the Department, or to officials of other departments or agencies of the Government, with the consent of such departments or agencies, responsibilities in connection with the effectuation of the purposes of Title VI of the Act and this subpart (other than responsibility for final decision as provided in § 42.110 (d)), including the achievement of the effective coordination and maximum uniformity within the Department and within the Executive Branch of the Government in the application of Title VI of the Act and this subpart to similar programs and in similar situations. APPENDIX A-PROGRAMS AND ACTIVITIES OF THE DEPARTMENT OF JUSTICE TO WHICH THIS SUBPART APPLIES Law Enforcement Assistance Act of 1965. PART 43-RECOVERY OF COST OF HOSPITAL AND MEDICAL CARE AND TREATMENT FURNISHED BY THE UNITED STATES Sec. 43.1 Administrative determination and assertion of claims. 43.2 Obligations of persons receiving care and treatment. 43.3 43.4 Settlement and waiver of claims. AUTHORITY: The provisions of this Part 43 issued under sec. 2, 76 Stat. 593; 42 U.S.C. 2651-2653, E.O. 11060; 3 CFR, 1959-1963 Comp. SOURCE: The provisions of this Part 43 contained in Order No. 289-62, 27 F.R. 11317. Nov. 16, 1962, unless otherwise noted. CROSS REFERENCE: For establishment and determination of certain rates for use in connection with recovery from tortiously liable third persons, see F.R. Doc. 63-11387, Bureau of the Budget, 28 F.R. 11517, Oct. 29, 1963. § 43.1 Administrative determination and assertion of claims. (a) The head of a Department or Agency of the United States responsible for the furnishing of hospital, medical, surgical or dental care and treatment (including prostheses and medical appliances), or his designee, shall determine whether such hospital, medical, surgical or dental care and treatment was or will be furnished for an injury or disease caused under circumstances entitling the United States to recovery under the Act of September 25, 1962 (Public Law 87-693); and, if it is so determined, shall, subject to the provisions of § 43.3, assert a claim against such third person for the reasonable value of such care and treatment. The Department of Justice, or a Department or Agency responsible for the furnishing of such care and treatment may request any other Department or Agency to investigate, determine, or assert a claim under the regulations in this part. (b) Each Department or Agency is authorized to implement the regulations in this part to give full force and effect thereto. (c) The provisions of the regulations in this part shall not apply with respect to hospital, medical, surgical, or dental care and treatment (including prostheses and medical appliances) furnished by the Veterans Administration to an eligible veteran for a service-connected disability under the provisions of chapter 17 of title 38 of the United States Code. § 43.2 Obligations of persons receiving care and treatment. (a) In the discretion of the Department or Agency concerned, any person furnished care and treatment under circumstances in which the regulations in this part may be applicable, his guardian, personal representative, estate, dependents or survivors may be required: (1) To assign in writing to the United States his claim or cause of action against the third person to the extent of the reasonable value of the care and treatment furnished or to be furnished, or any portion thereof; (2) To furnish such information as may be requested concerning the circumstances giving rise to the injury or disease for which care and treatment is being given and concerning any action instituted or to be instituted by or against a third person. (3) To notify the Department or Agency concerned of a settlement with, or an offer of settlement from, a third person; and (4) To cooperate in the prosecution of all claims and actions by the United States against such third person. (b) Records as to medical history, diagnosis, findings or treatment may be withheld pending compliance with the provisions of this section. § 43.3 Settlement and waiver of claims. (a) The head of the Department or Agency of the United States asserting such claim, or his designee, may (1) accept the full amount of a claim and execute a release therefor, (2) compromise or settle and execute a release of any claim, not in excess of $20,000, which the United States has for the reasonable value of such care or treatment, or (3) waive and in this connection release any claim, not in excess of $20,000, in whole or in part, either for the convenience of the Government, or if he determines that collection would result in undue hardship upon the person who suffered the injury or disease resulting in the care and treatment described in § 43.1. (b) Claims in excess of $20,000 may be compromised, settled, waived, and released only with the prior aproval of the Department of Justice. (c) The authority granted in this section shall not be exercised in any case in which (1) the claim of the United States for such care and treatment has been referred to the Department of Justice, or (2), a suit by the third party has been instituted against the United States or the individual who received or is receiving the care and treatment described above and the suit arises out of the occurrence which gave rise to the thirdparty claim of the United States. (d) The Departments and Agencies concerned shall consult the Department of Justice in all cases involving (1) unusual circumstances, (2) a new point of law which may serve as a precedent, or (3) a policy question where there is or may be a difference of views between any of such Departments and Agencies. [Order No. 373–67, 32 F.R. 713, Jan. 21, 1967] § 43.4 Annual reports. The head of each Department or Agency concerned, or his designee, shall report annually to the Attorney General, by March 1, commencing in 1964, the number and dollar amount of claims asserted against, and the number and dollar amount of recoveries from, third persons. (a) The officials named in this paragraph shall be responsible for implementation of this part, including the training of supervisors at all levels in the discharge of their employee-management relations responsibilities under this part, and the issuance of any additional instructions or interpretations for the guidance of employees and employee organizations. The Director, Bureau of Prisons, with respect to all matters involving employees of the Bureau of Prisons (including the Federal Prison Industries); The Commissioner of Immigration and Naturalization, with respect to all matters involving employees of the Immigration and Naturalization Service; The Assistant Attorney General for Administration with respect to all matters involving other employees subject to this part. (b) The officials named in paragraph (a) of this section, or such individuals as they may designate, shall receive and act on requests for recognition, make all determinations in connection with such requests (except as provided in § 44.16), and conduct the discussions, consultations and bargaining provided for by this part. (c) The Deputy Attorney General shall provide overall policy guidance and may, in his discretion, take any action authorized by this part or require that any such action be subject to his approval. (d) A copy of this part shall be furnished to each employee subject to this part. [Order No. 293-63, 28 F.R. 3024, Mar. 28, 1963, as amended by Order No. 309–64, 29 F.R. 284, Jan. 11, 1964] Subpart B-Rights of Employees § 44.4 Membership in employee organi zations. (a) Employees shall have and shall be protected in the exercise of the right, freely and without fear of penalty or reprisal, to form, join and assist any employee organization, or to refrain from forming, joining or assisting any employee organization. (b) The rights specified in this section include the right to hold office in, act as a representative of, or otherwise participate in the management of an employee organization, including presentation of its views to officials of the Executive Branch, the Congress or other appropriate authority, except where such participation or activity would result in a conflict of interests or otherwise be incompatible with law or with the official duties of such employee. (c) In any case in which either the Department or an employee consider that there is a significant possibility that the holding of an office or other participation by the employee in the management of an employee organization will be contrary to paragraph (b), of this section, they shall discuss the matter fully and frankly. Any employee who anticipates that he may be elected or otherwise designated to hold office in or otherwise participate in the management of an employee organization, and that a possibility of inconsistency with paragraph (b) of this section might result, shall promptly advise his immediate superior. The officials designated in § 44.3(a), or such individuals as they may designate, shall be responsible for determining whether the holding of an office or other participation in the management of an employee organization by an employee is inconsistent with paragraph (b) of this section, and for deciding upon the remedial action necessary to eliminate such inconsistency. (d) A reasonable time shall be afforded any existing officer or representative of an employee organization to eliminate any inconsistency with this section. § 44.5 Existing rights unaffected. Nothing in this part, or in any action taken thereunder, shall: (a) Preclude any employee from bringing matters of personal concern to the attention of his immediate superior or other appropriate officials; (b) Preclude any employee from acting as, or choosing, his own representative in any appeal from or other consideration of any personnel action or grievance; (c) Preclude any employee from becoming a member or officer of a veterans, religious, social, fraternal or other lawful organization or association, not qualified hereunder as an employee organization; (d) Modify or supersede existing grievance procedures, and policies established by Part 46 of this chapter (Order No. 304-63), except to the extent, if any, expressly provided in an agreement entered into pursuant to § 44.14. [Order No. 293-63, 28 F.R. 3024, Mar. 28, 1963, as amended by Order No. 320-64, 29 F.R. 11960, Aug. 21, 1964] Subpart C-Recognition of and Dealings With Employee Organizations § 44.6 Definition of employee organization. When used in this part, the term "employee organization" means any lawful association, labor organization, federation, council, or brotherhood having as a primary purpose the improvement of working conditions among federal employees, or any craft, trade or industrial union whose membership includes both employees of the Department of Justice and employees of private organizations; but such term shall not include any organization (a) which asserts the right to strike against the Government of the United States or any agency thereof, or to assist or participate in any such strike, or which imposes a duty or obligation to conduct, assist or participate in any such strike, or (b) which advocates the overthrow of the constitutional form of Government in the United States, or (c) which discriminates with regard to terms or conditions of membership because of race, color, creed or national origin. § 44.7 General principles applicable to recognition of employee organizations. (a) Recognition may be informal, formal, or exclusive, as provided in this subpart. (b) Recognition shall continue for so long as the organization satisfies the criteria of this part applicable to such recognition: Provided, That no determination of exclusive status as to any unit need be made within 12 months after a prior determination of exclusive status as to the same unit or any part thereof. 36-064-70- 8 (c) No recognition shall be accorded to any organization which the Attorney General considers to be so subject to corrupt influences or influences opposed to basic democratic principles that its recognition would be inconsistent with the objectives of Executive Order 10988 and this part. (d) Recognition of any type shall not preclude or restrict consultations and dealings between the Department or any entity thereof and a veterans' organization with respect to matters of particular interest to employees with veterans' preference. (e) Recognition of any type shall not preclude or restrict consultations and dealings between the Department or any entity thereof and a religious, social, fraternal or other lawful association, not qualified hereunder as an employee organization, with respect to matters which involve members of such association and are of particular applicability to it or its members: Provided, Such consultations and dealings do not result in discrimination against or injury to the interests of other employees. [Order No. 293-63, 28 F.R. 3024, Mar. 28, 1963, as amended by Order No. 320-64, 29 F.R. 11960, Aug. 21, 1964] § 44.8 Requests for recognition; information to be furnished. (a) Employee organizations may request recognition by filing a written request stating the type of recognition desired (i.e., informal, formal or exclusive), and whether such recognition is desired on a Departmentwide basis, or for one or more functional or geographic entities within the Department. (b) Requests for recognition shall include the following information: (1) The official name of the organization; (2) A roster of its current officers and representatives; (3) A copy of its constitution and bylaws; (4) A statement of its objectives; (5) Such other information as is required by §§ 44.9 to 44.11. (c) The requesting organization shall furnish any other information which may be reasonably required in order to make any determination called for by this part as to its eligibility for recognition. (d) Any organization accorded recognition shall furnish any information which may, at any time, be reasonably |