[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 45CFR79.4]



[Page 284-285]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 79_PROGRAM FRAUD CIVIL REMEDIES--Table of Contents

 

Sec.  79.4  Investigation.



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

to the authority conferred by 31 U.S.C. 3804(a) is warranted--

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

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

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 such subpoena shall be required to tender 

to the investigating official, or the person designated to receive the 

documents, a certification that--

    (i) The documents sought have been produced;

    (ii) Such documents are not available and the reasons therefor; or

    (iii) Such documents suitably identified, have been withheld based 

upon the assertion of an identified privilege.

    (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 such investigation to the reviewing official.

    (c) Nothing in this section shall preclude or limit an investigating 

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

Justice for suit under the False Claims Act or



[[Page 285]]



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.

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

investigating official to report violations of criminal law to the 

Attorney General.