[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: 34CFR33.6]



[Page 74]

 

                           TITLE 34--EDUCATION

 

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

 

Sec.  33.6  Prerequisites for issuing a complaint.



    (a) The reviewing official may issue a complaint under Sec.  33.7 

only if--

    (1) The Department of Justice approves the issuance of a complaint 

in a written statement described in 31 U.S.C. 3803(b)(1); and

    (2) In the case of allegations of liability under Sec.  33.3(a) with 

respect to a claim, the reviewing official determines that, with respect 

to that claim or a group of related claims submitted at the same time 

the claim is submitted (as defined in paragraph (b) of this section), 

the amount of money or the value of property or services demanded or 

requested in violation of Sec.  33.3(a) does not exceed $150,000.

    (b) For the purposes of this section, a related group of claims 

submitted at the same time includes only those claims arising from the 

same transaction (e.g., grant, cooperative agreement, loan, application, 

or contract) that are submitted simultaneously as part of a single 

request, demand, or submission.

    (c) Nothing in this section may be construed to limit the reviewing 

official's authority to join in a single complaint against a person 

claims that are unrelated or were not submitted simultaneously, 

regardless of the amount of money, or the value of property or services, 

demanded or requested.



(Authority: 31 U.S.C. 3803(b), (c))