[Code of Federal Regulations]
[Title 38, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR42.5]

[Page 742]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
          CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED)
 
PART 42--STANDARDS IMPLEMENTING THE PROGRAM FRAUD CIVIL REMEDIES ACT--Table 
of Contents
 
Sec. 42.5  Review by the reviewing official.

    (a) The report of the investigating official will be examined by the 
reviewing official to determine if there is adequate evidence to believe 
a person is liable under Sec. 42.3 of this part. The review will be 
completed within 90 days.
    (b) If, based on the report of the investigating official under 
Sec. 42.4(b) of this part, the reviewing official determines that there 
is adequate evidence to believe that a person is liable under Sec. 42.3 
of this part, the reviewing official shall transmit to the Attorney 
General a written notice of the reviewing official's intention to issue 
a complaint under Sec. 42.7 of this part.
    (c) The notice shall 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. 42.3 of this part;
    (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.
    (d) If the reviewing official finds that there is not adequate 
evidence that a person is liable, the reviewing official will inform the 
department or office of the Department of Veterans Affairs concerned 
with the claim or statement and the investigating official.

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