§ 185.102 Definitions

5 CFR 185.102For the purposes of this part—

5 CFR 185.102 (definition of "ALJ")ALJ means an Administrative Law Judge in the authority appointed pursuant to 5 U.S.C. 3105 or detailed to the authority pursuant to 5 U.S.C. 3344.

5 CFR 185.102 (definition of "Authority")Authority means the Office of Personnel Management (OPM).

5 CFR 185.102 (definition of "Authority head")Authority head means the Director of the Office of Personnel Management or the Director's designee.

5 CFR 185.102 (definition of "Benefit")Benefit is very broad, and is intended to cover anything of value, including but not limited to any advantage, preference, privilege, license, permit, favorable decision, ruling, status or loan guarantee.

5 CFR 185.102 (definition of "Claim")Claim means any request, demand, or submission—

5 CFR 185.102 (definition of "Claim", paragraph (a))(a) Made to the authority for property, services, or money (including money representing benefits, grants, loans or insurance);

5 CFR 185.102 (definition of "Claim", paragraph (b))(b) Made to a recipient of property, services, or money from the authority or to a party to a contract with the authority:

5 CFR 185.102 (definition of "Claim", paragraph (b)(1))(1) For property or services if the United States—

5 CFR 185.102 (definition of "Claim", paragraph (b)(1)(i))(i) Provided such property or services;

5 CFR 185.102 (definition of "Claim", paragraph (b)(1)(ii))(ii) Provided any portion of the funds for the purchase of such property or services; or

5 CFR 185.102 (definition of "Claim", paragraph (b)(1)(iii))(iii) Will reimburse such recipient or party for the purchase of such property or services; or

5 CFR 185.102 (definition of "Claim", paragraph (b)(2))(2) For the payment of money (including money representing grants, loans, insurance, or benefits) if the United States:

5 CFR 185.102 (definition of "Claim", paragraph (b)(2)(i))(i) Provided any portion of the money requested or demanded; or

5 CFR 185.102 (definition of "Claim", paragraph (b)(2)(ii))(ii) Will reimburse such recipient or party for any portion of the money paid on such request or demand; or

5 CFR 185.102 (definition of "Claim", paragraph (c))(c) Made to the authority which has the effect of decreasing an obligation to pay or account for property, services, or money.

5 CFR 185.102 (definition of "Complaint")Complaint means the administrative complaint served by the reviewing official on the defendant under § 185.107.

5 CFR 185.102 (definition of "Defendant")Defendant means any person alleged in a complaint under § 185.107 to be liable for a civil penalty or assessment under § 185.103.

5 CFR 185.102 (definition of "Government")Government means the United States Government.

5 CFR 185.102 (definition of "Individual")Individual means a natural person.

5 CFR 185.102 (definition of "Initial decision")Initial decision means the written decision of the ALJ required by § 185.110 or § 185.137, and includes a revised initial decision issued following a remand or a motion for reconsideration.

5 CFR 185.102 (definition of "Investigating Official")Investigating Official means the Inspector General or the Inspector General's designee.

5 CFR 185.102 (definition of "Knows or has reason to know")Knows or has reason to know means that a person, with respect to a claim or statement:

5 CFR 185.102 (definition of "Knows or has reason to know", paragraph (a))(a) Has actual knowledge that the claim or statement is false, fictitious, or fraudulent;

5 CFR 185.102 (definition of "Knows or has reason to know", paragraph (b))(b) Acts in deliberate ignorance of the truth or falsity of the claim or statement; or

5 CFR 185.102 (definition of "Knows or has reason to know", paragraph (c))(c) Acts in reckless disregard of the truth or falsity of the claim or statement.

5 CFR 185.102 (definition of "Makes")Makes shall include the terms presents, submits, and causes to be made, presented, or submitted. As the context requires, making or made, shall likewise include the corresponding forms of such terms.

5 CFR 185.102 (definition of "Person")Person means any individual, partnership, corporation, association, or private organization, and includes the plural of that term.

5 CFR 185.102 (definition of "Representative")Representative means an attorney who is in good standing of the bar of any State, Territory, or possession of the United States or of the District of Columbia or the Commonwealth of Puerto Rico or other individual designated in writing by the defendant.

5 CFR 185.102 (definition of "Reviewing Official")Reviewing Official means the General Counsel of OPM or the General Counsel's designee. For the purposes of § 185.105 of these rules, the General Counsel personally, or members of the General Counsel's immediate staff, shall perform the functions of the reviewing official provided that such person or persons serve in a position for which the rate of basic pay is not less than the minimum rate payable under section 5376 of title 5 of the United States Code. All other functions of the reviewing official, including administrative prosecution under these rules, shall be performed on behalf of the General Counsel by members of the Office of the General Counsel.

5 CFR 185.102 (definition of "Statement")Statement means any representation, certification, affirmation, document, record, or accounting or bookkeeping entry made:

5 CFR 185.102 (definition of "Statement", paragraph (a))(a) With respect to a claim or to obtain the approval or payment of a claim (including relating to eligibility to make a claim); or

5 CFR 185.102 (definition of "Statement", paragraph (b))(b) With respect to (including relating to eligibility for):

5 CFR 185.102 (definition of "Statement", paragraph (b)(1))(1) A contract with, or a bid or proposal for a contract with; or

5 CFR 185.102 (definition of "Statement", paragraph (b)(2))(2) A grant, loan, or benefit from, the authority, or any State, political subdivision of a State, or other party, if the United States Government provides any portion of the money or property under such contract or for such grant, loan, or benefit, or if the Government will reimburse such State, political subdivision, or party for any portion of the money or property under such contract or for such grant, loan, or benefit.