[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: 34CFR33.5]



[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))