[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: 45CFR79.5]



[Page 285]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 79_PROGRAM FRAUD CIVIL REMEDIES--Table of Contents

 

Sec.  79.5  Review by the reviewing official.



    (a) If, based on the report of the investigating official under 

Sec.  79.4(b), the reviewing official determines that there is adequate 

evidence to believe that a person is liable under Sec.  79.3, the 

reviewing official shall transmit to the Attorney General a written 

notice of the reviewing official's attention to issue a complaint under 

Sec.  79.7.

    (b) Such notice shall 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.  

79.3 of this part;

    (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.