[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR28.15]



[Page 305]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 28_IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986

--Table of Contents

 

Sec.  28.15  Investigation.



    (a) General. HUD may initiate a Program Fraud Civil Remedies Act (31 

U.S.C. 3801) case against a respondent only upon an investigation by the 

Inspector General or his or her designee.

    (b) Subpoena. Pursuant to 31 U.S.C. 3804(a), the Inspector General 

or designee may require by subpoena the production of records and other 

documents. The subpoena shall state the authority under which it is 

issued, identify the records sought, and name the person designated to 

receive the records. The recipient of the subpoena shall provide a 

certification that the documents sought have been produced, that the 

documents are not available and the reasons they are not available, or 

that the documents, suitably identified, have been withheld based upon 

the assertion of an identified privilege.

    (c) Investigation report. If the Inspector General or designee 

concludes that an action under the Program Fraud Civil Remedies Act may 

be warranted, her or she shall submit a report containing the findings 

and conclusions of the investigation to the General Counsel or his or 

her designee.

    (d) The Inspector General may refer allegations directly to the 

Department of Justice for suit under the False Claims Act (31 U.S.C. 

3730) or for other civil relief, or may postpone submitting a report to 

the General Counsel to avoid interference with a criminal investigation 

or prosecution. The Inspector General shall report violations of 

criminal law to the Attorney General.