[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: 45CFR79.6]



[Page 285]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 79_PROGRAM FRAUD CIVIL REMEDIES--Table of Contents

 

Sec.  79.6  Prerequisites for issuing a complaint.



    (a) The reviewing official may issue a complaint under Sec.  79.7 

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.  79.3(a) with 

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

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

such 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.  79.3(a) does not exceed $150,000.

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

submitted at the same time shall include only those claims arising from 

the same transaction (e.g., grant, loan, application, or contract) that 

are submitted simultaneously as part of a single request, demand, or 

submission.

    (c) Nothing in this section shall 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.