Common use of Stipulated Penalties Review Clause in Contracts

Stipulated Penalties Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for Stipulated Penalties under this CIA shall be: (a) whether CHN was in full and timely compliance with the requirements of this CIA for which OIG demands payment and (b) the period of noncompliance. CHN shall have the burden of proving its full and timely compliance. If the ALJ upholds the OIG’s determination that CHN has breached this CIA and orders CHN to pay Stipulated Penalties, CHN must (a) come into compliance with the requirement(s) that resulted in the OIG imposing Stipulated Penalties and (b) pay the Stipulated Penalties within 20 days after the ALJ issues a decision, unless CHN properly and timely requests review of the ALJ decision by the DAB. If the ALJ decision is properly and timely appealed to the DAB and the DAB upholds the determination of OIG, CHN must (a) come into compliance with the requirement(s) that resulted in the OIG imposing Stipulated Penalties and

Stipulated Penalties Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for Stipulated Penalties under this CIA shall be: (a) whether CHN Provider was in full and timely compliance with the requirements of this CIA for which OIG demands payment and (b) the period of noncompliance. CHN Provider shall have the burden of proving its full and timely compliance. If the ALJ upholds the OIG’s determination that CHN Provider has breached this CIA and orders CHN Provider to pay Stipulated Penalties, CHN Provider must (a) come into compliance with the requirement(s) that resulted in the OIG imposing Stipulated Penalties and (b) pay the Stipulated Penalties within 20 days after the ALJ issues a decision, unless CHN Provider properly and timely requests review of the ALJ decision by the DAB. If the ALJ decision is properly and timely appealed to the DAB and the DAB upholds the determination of OIG, CHN Provider must (a) come into compliance with the requirement(s) that resulted in the OIG imposing Stipulated Penalties andand (b) pay the Stipulated Penalties within 20 days after the DAB issues its decision.‌

Stipulated Penalties Review. Notwithstanding any provision of Title 42 of the United States Code or Title Chapter 42 of the Code of Federal Regulations, the only issues in a proceeding for Stipulated Penalties under this CIA shall be: (a) whether CHN Rotech was in full and timely compliance with the requirements obligations of this CIA for which the OIG demands payment payment; and (b) the period of noncompliance. CHN Rotech shall have the burden of proving its full and timely compliancecompliance and the steps taken to cure the noncompliance, if any. If the ALJ upholds the OIG’s determination that CHN has breached agrees with OIG with regard to a finding of a breach of this CIA and orders CHN Rotech to pay Stipulated Penalties, CHN must (a) come into compliance with the requirement(s) that resulted in the OIG imposing such Stipulated Penalties shall become due and (b) pay the Stipulated Penalties within payable 20 days after the ALJ issues such a decision, decision unless CHN properly and timely Rotech requests review of the ALJ decision by the DAB. If the ALJ decision is properly and timely appealed to the DAB and the DAB upholds the determination of OIG, CHN must (a) come into compliance with the requirement(s) that resulted in the OIG imposing Stipulated Penalties andshall become due and payable 20 days after the DAB issues its decision.

Stipulated Penalties Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for Stipulated Penalties under this CIA shall be: (a) whether CHN GSMC was in full and timely compliance with the requirements of this CIA for which OIG demands payment payment; and (b) the period of noncompliance. CHN GSMC shall have the burden of proving its full and timely compliance. If the ALJ upholds the OIG’s determination that CHN GSMC has breached this CIA and orders CHN GSMC to pay Stipulated Penalties, CHN GSMC must (a) come into compliance with the requirement(s) of this CIA that resulted in the OIG imposing Stipulated Penalties and (b) pay the Stipulated Penalties within 20 days after the ALJ issues a decision, unless CHN GSMC properly and timely requests review of the ALJ decision by the DAB. If the ALJ decision is properly and timely appealed to the DAB and the DAB upholds the determination of OIG, CHN GSMC must (a) come into compliance with the requirement(s) that resulted in the OIG imposing Stipulated Penalties andand (b) pay the Stipulated Penalties within 20 days after the DAB issues its decision.‌

Stipulated Penalties Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for Stipulated Penalties under this CIA IA shall be: (a) whether CHN Provider was in full and timely compliance with the requirements of this CIA IA for which OIG demands payment and (b) the period of noncompliance. CHN Provider shall have the burden of proving its full and timely compliance. If the ALJ upholds the OIG’s determination that CHN Provider has breached this CIA IA and orders CHN Provider to pay Stipulated Penalties, CHN Provider must (a) come into compliance with the requirement(s) that resulted in the OIG imposing Stipulated Penalties and (b) pay the Stipulated Penalties within 20 days after the ALJ issues a decision, unless CHN Provider properly and timely requests review of the ALJ decision by the DAB. If the ALJ decision is properly and timely appealed to the DAB and the DAB upholds the determination of OIG, CHN Provider must (a) come into compliance with the requirement(s) that resulted in the OIG imposing Stipulated Penalties andand (b) pay the Stipulated Penalties within 20 days after the DAB issues its decision.

Stipulated Penalties Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for Stipulated Penalties under this CIA shall be: (a) whether CHN CII was in full and timely compliance with the requirements of this CIA for which OIG demands payment and (b) the period of noncompliance. CHN CII shall have the burden of proving its full and timely compliance. If the ALJ upholds the OIG’s determination that CHN CII has breached this CIA and orders CHN CII to pay Stipulated Penalties, CHN CII must (a) come into compliance with the requirement(s) that resulted in the OIG imposing Stipulated Penalties and (b) pay the Stipulated Penalties within 20 days after the ALJ issues a decision, unless CHN CII properly and timely requests review of the ALJ decision by the DAB. If the ALJ decision is properly and timely appealed to the DAB and the DAB upholds the determination of OIG, CHN CII must (a) come into compliance with the requirement(s) that resulted in the OIG imposing Stipulated Penalties andand (b) pay the Stipulated Penalties within 20 days after the DAB issues its decision.

Stipulated Penalties Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for Stipulated Penalties under this CIA shall be: (a) whether CHN TEN was in full and timely compliance with the requirements of this CIA for which OIG demands payment and (b) the period of noncompliance. CHN TEN shall have the burden of proving its full and timely compliance. If the ALJ upholds the OIG’s determination that CHN TEN has breached this CIA and orders CHN TEN to pay Stipulated Penalties, CHN TEN must (a) come into compliance with the requirement(s) that resulted in the OIG imposing Stipulated Penalties and (b) pay the Stipulated Penalties within 20 days after the ALJ issues a decision, unless CHN TEN properly and timely requests review of the ALJ decision by the DAB. If the ALJ decision is properly and timely appealed to the DAB and the DAB upholds the determination of OIG, CHN TEN must (a) come into compliance with the requirement(s) that resulted in the OIG imposing Stipulated Penalties and

Stipulated Penalties Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for Stipulated Penalties under this CIA shall be: (a) whether CHN SPD was in full and timely compliance with the requirements of this CIA for which OIG demands payment payment; and (b) the period of noncompliance. CHN SPD shall have the burden of proving its full and timely compliance. If the ALJ upholds the OIG’s determination that CHN SPD has breached this CIA and orders CHN SPD to pay Stipulated Penalties, CHN SPD must (a) come into compliance with the requirement(s) of this CIA that resulted in the OIG imposing Stipulated Penalties and (b) pay the Stipulated Penalties within 20 days after the ALJ issues a decision, unless CHN SPD properly and timely requests review of the ALJ decision by the DAB. If the ALJ decision is properly and timely appealed to the DAB and the DAB upholds the determination of OIG, CHN SPD must (a) come into compliance with the requirement(s) that resulted in the OIG imposing Stipulated Penalties andand (b) pay the Stipulated Penalties within 20 days after the DAB issues its decision.

Stipulated Penalties Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for Stipulated Penalties under this CIA shall be: (a) whether CHN Paksn was in full and timely compliance with the requirements of this CIA for which OIG demands payment and (b) the period of noncompliance. CHN Paksn shall have the burden of proving its full and timely compliance. If the ALJ upholds the OIG’s determination that CHN Paksn has breached this CIA and orders CHN Paksn to pay Stipulated Penalties, CHN Paksn must (a) come into compliance with the requirement(s) that resulted in the OIG imposing Stipulated Penalties and (b) pay the Stipulated Penalties within 20 days after the ALJ issues a decision, unless CHN Paksn properly and timely requests review of the ALJ decision by the DAB. If the ALJ decision is properly and timely appealed to the DAB and the DAB upholds the determination of OIG, CHN Paksn must (a) come into compliance with the requirement(s) that resulted in the OIG imposing Stipulated Penalties and

Stipulated Penalties Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for Stipulated Penalties under this CIA shall be: (a) whether CHN SV/TC was in full and timely compliance with the requirements of this CIA for which OIG demands payment and (b) the period of noncompliance. CHN SV/TC shall have the burden of proving its full and timely compliance. If the ALJ upholds the OIG’s determination that CHN SV/TC has breached this CIA and orders CHN SV/TC to pay Stipulated Penalties, CHN SV/TC must (a) come into compliance with the requirement(s) that resulted in the OIG imposing Stipulated Penalties and (b) pay the Stipulated Penalties within 20 days after the ALJ issues a decision, unless CHN SV/TC properly and timely requests review of the ALJ decision by the DAB. If the ALJ decision is properly and timely appealed to the DAB and the DAB upholds the determination of OIG, CHN SV/TC must (a) come into compliance with the requirement(s) that resulted in the OIG imposing Stipulated Penalties andand‌‌

Stipulated Penalties Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for Stipulated Penalties under this CIA shall be: (a) whether CHN Cigna was in full and timely compliance with the requirements of this CIA for which OIG demands payment and (b) the period of noncompliance. CHN Cigna shall have the burden of proving its full and timely compliance. If the ALJ upholds the OIG’s determination that CHN Cigna has breached this CIA and orders CHN Cigna to pay Stipulated Penalties, CHN Cigna must (a) come into compliance with the requirement(s) that resulted in the OIG imposing Stipulated Penalties and (b) pay the Stipulated Penalties within 20 days after the ALJ issues a decision, unless CHN Cigna properly and timely requests review of the ALJ decision by the DAB. If the ALJ decision is properly and timely appealed to the DAB and the DAB upholds the determination of OIG, CHN Cigna must (a) come into compliance with the requirement(s) that resulted in the OIG imposing Stipulated Penalties and