[Code of Federal Regulations]
[Title 39, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 39CFR273.8]

[Page 138]
 
                        TITLE 39--POSTAL SERVICE
 
                 CHAPTER I--UNITED STATES POSTAL SERVICE
 
PART 273_ADMINISTRATION OF PROGRAM FRAUD CIVIL REMEDIES ACT--Table
 
Sec.  273.8  Issuance of complaint.

    (a) If the Attorney General or his designee approves the referral of 
allegations of liability to the Judicial Officer, the Reviewing Official 
shall serve on the Respondent, pursuant to paragraph (b) of this 
section, a Complaint, which:
    (1) Specifies the allegations of liability against the Respondent, 
including the statutory basis for liability;
    (2) Identifies the claims or statements that are the basis for the 
alleged liability, and the reasons why liability allegedly arises from 
such claims or statements;
    (3) Specifies the amount of penalties or assessments the Postal 
Service seeks to impose;
    (4) Informs the Respondent of his right to request an oral hearing 
before, or a decision on the record by, a Presiding Officer concerning 
the allegations of liability and the amount of proposed penalties or 
assessments;
    (5) Informs the Respondent of how to request a hearing described in 
paragraph (a)(4) of this section;
    (6) Includes a copy of the procedures which govern hearings under 
the Program Fraud Civil Remedies Act, and which are set forth in part 
962 of this title; and
    (7) Notifies the Respondent that his or her failure to request a 
hearing on the issues raised by the Complaint within 30 days of its 
receipt may result in the imposition of the proposed penalty and 
assessments pursuant to Sec. Sec.  962.4(a) and 962.15(d) of this title.
    (b) Service of a Complaint issued under paragraph (a) of this 
section must be effected by registered or certified mail, return-receipt 
requested, or by personal delivery. In the case of personal service, the 
person making service shall, if possible, secure from the person sought 
to be served, or his or her agent, a written acknowledgment of receipt, 
showing the date and time of such receipt. If the person upon whom 
service is made declines to acknowledge receipt, the person effecting 
service shall execute a statement, indicating the time, place and manner 
of service, which shall constitute evidence of service.

[52 FR 12901, Apr. 20, 1987, as amended at 56 FR 55825, Oct. 30, 1991]