[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

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

[CITE: 34CFR33.4]



[Page 73-74]

 

                           TITLE 34--EDUCATION

 

PART 33_PROGRAM FRAUD CIVIL REMEDIES ACT--Table of Contents

 

Sec.  33.4  Investigation.



    (a) If an investigating official concludes that a subpoena pursuant 

to the authority conferred by 31 U.S.C. 3604(a) is warranted:

    (1) The subpoena so issued must notify the person to whom it is 

addressed of the authority under which the subpoena is issued and must 

identify the records or documents sought;

    (2) The investigating official may designate a person to act on his 

or her behalf to receive the documents sought; and

    (3) The person receiving the subpoena is required to tender to the 

investigating official or the person designated to receive the documents 

a certification that the documents sought have been produced, or that 

the documents are not available and the reasons therefore, or that the 

documents, suitably identified, have been withheld based upon the 

assertion of an identified privilege.



(Authority: 31 U.S.C. 3804(a))





[[Page 74]]





    (b) If the investigating official concludes that an action under the 

Program Fraud Civil Remedies Act may be warranted, the investigating 

official shall submit a report containing the findings and conclusions 

of the investigation to the reviewing official.



(Authority: 31 U.S.C. 3803(a)(1))



    (c) Nothing in this section precludes or limits an investigating 

official's discretion to refer allegations directly to the Department of 

Justice for suit under the False Claims Act or other civil relief, or to 

defer or postpone a report or referral to the reviewing official to 

avoid interference with a criminal investigation or prosecution.



(Authority: 31 U.S.C. 3809)



    (d) Nothing in this section modifies any responsibility of an 

investigating official to report violations of criminal law to the 

Attorney General.



(Authority: 31 U.S.C. 3803(a)(1))