[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR33.5]

[Page 74]
 
                           TITLE 34--EDUCATION
 
PART 33--PROGRAM FRAUD CIVIL REMEDIES ACT--Table of Contents
 
Sec. 33.5  Review by the reviewing official.

    (a) If, based on the report of the investigating official under 
Sec. 33.4(b), the reviewing official determines that there is adequate 
evidence to believe that a person is liable under Sec. 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 
Sec. 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 
Sec. 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))