[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: 34CFR33.7]



[Page 74-75]

 

                           TITLE 34--EDUCATION

 

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

 

Sec.  33.7  Complaint.



    (a) On or after the date the Department of Justice approves the 

issuance of a complaint in accordance with 31 U.S.C. 3803(b)(1), the 

reviewing official may serve a complaint on the defendant, as provided 

in Sec.  33.8.

    (b) The complaint must state:

    (1) The allegations of liability against the defendant, including 

the statutory basis for liability, an identification of the claims or 

statements



[[Page 75]]



that are the basis for the alleged liability, and the reasons why 

liability allegedly arises from those claims or statements;

    (2) The maximum amount of penalties and assessments for which the 

defendant may be held liable;

    (3) Instructions for filing an answer to request a hearing, 

including a specific statement of the defendant's right to request a 

hearing by filing an answer and to be represented by a representative; 

and

    (4) That failure to file an answer within 30 days of service of the 

complaint will result in the imposition of the maximum amount of 

penalties and assessments without right to appeal, as provided in Sec.  

33.10.

    (c) At the same time the reviewing official serves the complaint, he 

or she shall serve the defendant with a copy of the regulations in this 

part.



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