[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: 45CFR79.7]



[Page 285]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 79_PROGRAM FRAUD CIVIL REMEDIES--Table of Contents

 

Sec.  79.7  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.  79.8.

    (b) The complaint shall state--

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

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

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

why liability allegedly arises from such 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 as set forth in Sec.  79.9 will 

result in the imposition of the maximum amount of penalties and 

assessments without right to appeal, as provided in Sec.  79.10.

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

or she shall serve the defendant with a copy of these regulations.