34 C.F.R. § 33.5   Review by the reviewing official.


Title 34 - Education


Title 34: Education
PART 33—PROGRAM FRAUD CIVIL REMEDIES ACT

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§ 33.5   Review by the reviewing official.

(a) If, based on the report of the investigating official under §33.4(b), the reviewing official determines that there is adequate evidence to believe that a person is liable under §33.3 of this part, the reviewing official transmits to the Attorney General a written notice of the reviewing official's intention to issue a complaint under §33.7.

(b) The notice must include—

(1) A statement of the reviewing official's reasons for issuing a complaint;

(2) A statement specifying the evidence that supports the allegations of liability;

(3) A description of the claims or statements upon which the allegations of liability are based;

(4) An estimate of the amount of money or the value of property, services, or other benefits requested or demanded in violation of §33.3;

(5) A statement of any exculpatory or mitigating circumstances that may relate to the claims or statements known by the reviewing official or the investigating official; and

(6) A statement that there is a reasonable prospect of collecting an appropriate amount of penalties and assessments. Such a statement may be based upon information then known or an absence of any information indicating that the person may be unable to pay such an amount.

(Authority: 31 U.S.C. 3803(a)(2); 3809(2))

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